Extracted from the PDF above. The PDF is authoritative.
APHC010081802026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1254/2026 Between:
1. N BHASKAR, S/O N ANJANAPPA, AGED ABOUT 37 YEARSR/O D.NO.1-534-9,RAJIV GANDHI NAGAR, KADIRI TOWN,SRI SATYA SAI DISTRICT.
2. N NARASIMHULU, S/O N ANJANAPPA, AGED ABOUT 49 YEARSR/O D.NO.1-534-9,RAJIV GANDHI NAGAR, KADIRI TOWN,SRI SATYA SAI DISTRICT.
...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, Through S.H.ONallamada Police StationRepresented by P P High Court Of Andhra Pradesh,At Amaravathi.
...RESPONDENT/COMPLAINANT 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 may be pleased to enlarge the Petitioner/ Accused No. 1 and 2on Anticipatory Bail in the event of their arrest in Crime No. 7 of 2026 dated 25.01.2026 on the file Nallamada Police Station, Sri Satya Sai district for offences punishable under Sections 318(4), 351(2) r/w 3(5) BNS.
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Counsel for the Petitioner/accused(S):
1. AYESHA AZMA S
2. AYESHA AZMAS Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who are Accused Nos.1 abd 2, seeking anticipatory bail in connection with Crime No.7 of 2026 of Nallamada Police Station, Sri Sathya Sai District, registered for the offences punishable under Sections 318(4), 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023.
2.
Learned counsel for the petitioners, after arguing for some time, has confined her 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)
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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.
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Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 24.02.2026 ARB
1 (2014) 8 SCC 273
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1254 of 2026
Date: 24.02.2026
ARB