APHC010056762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 858/2026 Between: 1. ALURU VENKATESWARLU,, S/O. LATE ALURU VENKATARAMAIAH AGED 68 YRS, R/O. D.NO. 4-262, SALI COLONY, BOPPAPURAM, VENKATAGIRI, TIRUPATI DISTRICT. 2. ALURU RAJAMMA ALIAS RAJESWARI,, W/O. ALURU VENKATESWARLU, AGED 65 YRS, R/O. D.NO. 4-262, SALI COLONY, BOPPAPURAM, VENKATAGIRI, TIRUPATI DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant: 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 Petitioners / Accused Nos.1 and 2 seeking anticipatory bail in connection with Crime No.158 of 2025 on the file of Venkatagiri Police Station, Tirupati District for the offences under Sections 316(2), 318(4), 351(2) read with 3(5) of BNS. 2 2. Sri Ramakrishna Akurathi, learned counsel for the Petitioners 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. 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 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, which is reiterated in in Satender Kumar Antil vs. CBI and another2. Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:16.02.2026 Note: Issue C.C today B/o. Dinesh 1 (2014) 8 SCC 273 2 2026 INSC 115 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.858 of 2026 Dt.16.02.2026 Dinesh