APHC010063552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 972/2026 Between: 1. RAJESHWARI ALIAS RAJESHWARI VENKATESH REDDY GUNTAKA, ,W/O. VENKATESH REDDY GUNTAKA, AGED 52 YEARS, OCC. HOUSE WIFE,R/O H. NO. 10-57, H.S. KOTTALA, NANDYALA MANDALAM, KANALA,KURNOOL, ANDHRA PRADESH - 518593, INDIA 2. VENKATESWARA REDDY ALIAS VENKATESH REDDY VENKAT GUNTAKA, ,S/O. VENKATESH REDDY GUNTAKA, AGED 60 YEARS, OCC. AGRICULTURAL,R/O H. NO. 10-57, H.S. KOTTALA, NANDYALA MANDALAM, KANALA,KUMOOL, ANDHRA PRAQDESH - 518593, INDIA. 3. SURENDAR VENKATESH REDDY GUNTAKA, , S/O. VENKATESH REDDYGUNTAKA, AGED ABOUT 30 YEARS, OCC PVT., EMPLOYEE, R/O. FLAT NO. 501,PLOT NO. B-24/B-25, BEHIND PROGRESSIVE ICON, SECTOR-08, ULWE, WAHAL,RAIGRH, MAHARASHTRA-410206, INDIA. 4. GUNTAKA RAMANA REDDY, , S/O. GUNTAKA VENKATA REDDY, AGEDABOUT 51 YEARS, OCC. AGRICULTURAL, R/O. H. NO. 27- 282-A, GOLLA PETA,NANDYAL, KUMOOL, ANDHRA PRADESH - 518501, INDIA. ...PETITIONER/ACCUSED(S) AND 2 1. THE STATE OF ANDHRA PRADESH, THROUGH PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI, FOR THE STATE OF ANDHRA PRADESH 2. MUKKU SANDYA, , D/O. KOTIREDDY, AGED 28 YEARS, OCC. HOUSE WIFE,R/O. K.C. REDDY COLONY, KANIGIRI TOWN AND MANDAL, KANIGIRI, PRAKASAMDISTRICT, ANDHRA PRADESH, INDIA ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioner / accused on Anticipatory Bail in the event of his arrest by the SHO, Kanigiri, Prakasam District in connection Cr No. 358 of 2025 and the petitioner undertake to abide by the condition or conditions that might be imposed by this Hon’ble Court, and pass Counsel for the Petitioner/accused(S): 1. T S N MURTHY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who is Accused Nos.2 to 5, seeking anticipatory bail in connection with Crime No.358 of 2025 of Kanigiri Police Station, Prakasam District, registered for the offences punishable under Sections 85, 318(4) read with 3(5) of BNS and Sections 3 and 4 of the DP Act. 2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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 petitioners 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) 4 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: 17.02.2026 ARB 1 (2014) 8 SCC 273 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 972 of 2026 Date: 17.02.2026 ARB