APHC010055992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 847/2026 Between: 1. KANCHARLA SATYA NARAYANA, S/O LATE VENKATESWARLU,AGED ABOUT 52 YEARS R/O 10-15-45B, SANTHI NAGAR,KAVALI, NELLORE, SPSR NELLORE DISTRICT. 2. KANCHARLA LAKSHMI BHAVANI, W/O.KANCHARLA SATYA NARAYANAAGED ABOUT 48 YEARS R/O 10-15-45B, SANTHI NAGAR,KAVALI, NELLORE, SPSR NELLORE DISTRICT 3. KANCHARLA VENKATA TEJA, S/O.KANCHARLA SATYA NARAYANA AGED ABOUT 25 YEARS R/O 10-15-45B, SANTHI NAGAR, KAVALI, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, rep. by the Public Prosecutor, High Court of A.P., Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. pothamsetty jaya prakash 2. POTHAMSETTY JAYA PRAKASH 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 petitioners, seeking anticipatory bail in connection with Crime No.5 of 2026 of Santhanuthalapadu Police Station, Prakasam District, registered for the offences punishable under Sections 69, 88 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the SCs & STs (PoA) Act. 2. Learned counsel for the petitioner would submit that the petitioners herein are the parents and brother of accused No.1 and as could be seen from the contents of the complaint, no specific allegations are directed against them either to attract offences under the SCs & STs Act. It is further submitted that in the absence of applicability of Section 69 and 88 of BNS, the remaining offences against the petitioners are punishable with imprisonment of less than 7 years. 3. Learned Assistant Public Prosecutor, representing the State, would submit that if Section 69 and 88 of BNS are held to be inapplicable to the present case, the other offences alleged are punishable with imprisonment below seven years, and appropriate directions may be issued to the police, and the matter may be disposed of accordingly. 4. Learned counsel for the petitioner would submit that recording the above submission of learned Assistant Public Prosecutor, this petition may be disposed of. 3 5. In that view of the matter, as could be seen from the contents of complaint, there are no specific accusations against the petitioners herein to attract the offences under Sections 69 and 88 of BNS and in the absence of such ingredients, this Court directs the police to strictly follow to the procedure contemplated under Section 41A of Cr.P.C. (corresponding to Section 35 of BNSS, 2023) in respect of petitioners herein and to scrupulously follow the guidelines laid down by the Hon’ble Supreme Court 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: 18.02.2026 ARB 1 (2014) 8 SCC 273 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 847 of 2026 Date: 18.02.2026 ARB