APHC010054642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 813/2026 Between: 1. M THARUN, S/O. M.NARAYANA SWAMY, AGED ABOUT 25 YEARS, OCC.DAILY WAGE LABOURER R/O.D.NO.11-572, RAJIV GANDHI COLONY JIVAKONA, TIRUPATI, TIRUPATI (URBAN), TIRUPATI DISTRICT-517501. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through SHO, Tirupati Rural Police Station, Tirupati District erstwhile Chittoor District, Rep. by Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAYALCHERUVU ABISHEK REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner, who is Accused No.1, seeking anticipatory bail in connection with Crime No.39 of 2026 of Tirupati Rural Police Station, Tirupati, registered for the offences punishable under Sections 118(1), 115(2) read with 3(5) of BNS. 2. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 41A of Cr.P.C. 3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record. 5. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. (Section 35 of BNSS, 2023) 3 scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 6. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.02.2026 ARB 1 (2014) 8 SCC 273 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 813 of 2026 Date: 12.02.2026 ARB