APHC010076472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1188/2026 Between: 1. KOTTURI VENKATA SIVA PRASAD, S/O. KOTTURI VENKATESWARA RAOAGED ABOUT 70 YEARS, OCC BUSINESS,R/O. H.NO. 1-2-9/B, BHAVANAGAR COLONY,PONNUR, GUNTUR DISTRICT, ANDHRA PRADESH 2. KOTHURI BARADTWAJ, S/O. KOTHURI VENKATA SIVA PRASADAGED 23 YEARS, OCC BUSINESSR/O. H.NO. 1-2-9/B, BHAVANAGAR COLONY,PONNUR, GUNTUR DISTRICT, ANDHRA PRADESH 3. S NAGASURI PRATAP KUMAR, S/O. NAGASURI CHINA VENKATESWARLU,AGED ABOUT 67 YEARS, OCC BUSINESSR/O. H.NO. 3-1-13/B, DUFF PETA,PONNUR, GUNTUR DISTRICT, ANDHRA PRADESH 4. VALLAMSETTY SRIDHAR ALIAS SIDDANTI SRIDHAR, S/O. VALLAMSETTY SESHA GIRI RAO, AGED 55 YEARSOCC BUSINESS, R/O. H.NO. 25-7-14/2,SAMBASIVA NAGAR COLONY, PONNUR,GUNTUR DISTRICT, AP. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, SHO PONNURTOWN POLICE STATIONGUNTUR, GUNTURDISTRICTREP. BY PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATIANDHRA PRADESH. ...Respondent/complainant Counsel for the Petitioner/accused(S): 1. YASWANTH GADE 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 to 4 seeking anticipatory bail in connection with Crime No.22 of 2026 on the file of 2 Ponnur Town Police Station, Guntur District for the offences under Sections 127(2), 308(2) and 351(3) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Sri G.Yaswanth, learned counsel for the Petitioners would submit that the offences alleged against the Petitioners 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 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 Petitioners, 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:23.02.2026 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.1188 of 2026 Dt.23.02.2026 Dinesh