APHC010038642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 679/2026 Between: 1. THAPETA KUMAR ALIAS KUMAR, S/O T. PULLAIAH, AGED ABOUT 30 YEARS, R/O D.NO. 7/3213, SREENIVASANAGAR, PRODDUTUR, YSR KADAPA DISTRICT, ANDHRA PRADESH -516360. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OFANDHRA PRADESH, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT., ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. JADA SRAVAN KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 679 of 2026 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/Accused for granting of pre- arrest bail in connection with Crime No.1 of 2026 on the file of Chagalamarri Police Station, Nandyal District, registered for the alleged offence punishable under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Sri Karthik Shah, learned counsel representing Sri Jada Sravan Kumar, learned counsel for the Petitioner would submit that the offence alleged against the Petitioner is 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. Sri K. Sandeep, 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 offence is 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. 3 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. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date:09.02.2026 KNN 1 (2014) 8 SCC 273 4 219 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 679 of 2026 09.02.2026 KNN