APHC010029332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 439/2026 Between: BAPATHI MADHUSUDHAN REDDY, S/O. PEDDA ABBAIAH, AGED ABOUT 55 YEARS,VEERAREDDY PALEM VILLAGE, KALIGIRI MANDAL,SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI,THROUGH STATION HOUSE OFFICER,ONGOLE II TOWN P.S, ONGOLE,PRAKASAM DISTRICT. 2. MAGUNTA SRINIVASA REDDY, M.P.D.NO.24-034-923, 2ND LANE,ONGOLE, PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. LINGALA HAZARATHAIAH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner / Accused No.1 seeking anticipatory bail in connection with Crime No.187 of 2025 on the file of Ongole II Town Police Station, Prakasam District for the offences under Sections 356(2) and 353(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of Information Technology Act, 2000-2008. 2 2. Sri Lingala Hazarathaiah, learned counsel for the Petitioner would submit that the offences alleged against the Petitioner are punishable with less than seven years period of imprisonment and Police may be directed to follow the procedure contemplated under Section 35(3) of BNSS. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor fairly conceded the same and would submit that a direction may be given to the Police to follow the procedure contemplated under Section 35(3) of BNSS Act since the offences are punishable with an imprisonment of below seven years. 4. Considering the submissions, this Criminal Petition is disposed of with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the Petitioner, concerned Police Authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1. Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.02.2026 Dinesh 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.439 of 2026 Dt.03.02.2026 Dinesh