APHC010085992026 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: 1311/2026 Between: 1. GADDAM RAMANJANEYULU ALIAS MUNNA, S/O SAIDAYYA, AGED ABOUT 26YEARS, HINDU, RESIDING AT MACHAVARAM VILLAGE MANDAL, GUNTURDISTRICT AND PRESENTLY PALNADU DISTRICT. AADHAR NO702675951332 A1 2. SAMPATHI SRINIVASA RAO, S/O HANUMAIAH, AGED ABOUT 26 YEARS.SON-IN-LAW OF SANKURATRI YEDUKONDULU, HINDU, RESIDING DOOR NO3-185, MANCHIKALLU VILLAGE, RENTACHINTALA MANDAL, GUNTUR DISTRICT ANDPRESENTLY PALNADU DISTRICT. AADHAR NO 548138608595 A2 3. SANKURATRI RAMAKRISHNA ALIAS KITTAIAH, S/O PUNNAIAH, AGED ABOUT 26YEARS, HINDU, RESIDING AT MACHAVARAM VILLAGE MANDAL, GUNTURDISTRICT AND PRESENTLY PALNADU DISTRICT. AADHAR NO409241549722 A3 4. ANANGI ESURAJU ALIAS YESURAJU, S/O ANANGI KOTESWARA RAO, AGED ABOUT39 YEARS, HINDU, RESIDING AT DOOR NO 8- 125, KOTHAPELAM ROAD,MACHAVARAM VILLAGE MANDAL, GUNTUR DISTRICT AND PRESENTLY PALNADU DISTRICT. AADHAR NO 920056706669 A4 5. NALLAMEKALA SRINU ALIAS GUNDU, S/O VENKATESWARLU, BROTHER OFMANGAIAH AGED ABOUT 37 YEARS, HINDU, RESIDING AT MACHAVARAMVILLAGE MANDAL, GUNTUR DISTRICT AND PRESENTLY PALNADU DISTRICT.AADHAR NO 923475307334 A5 2 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh through SHO, Machavaram Police Station, Palnadu Machavaram District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V SAI KUMAR Counsel for the Respondent/complainant: 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, 8the BNSS9), by the petitioners, who are Accused Nos.1 to 5, seeking anticipatory bail in connection with Crime No.9 of 2026 of Machavaram Police Station, Palnadu District, for the offences punishable under Sections 118(1), 115(2) read with 3(5) of BNS. 2. Learned counsel for the petitioners, after arguing for some time, confined their argument to the extent that the petitioners seeks protection from the coercive steps 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 41-A of the Code of Criminal Procedure, 1973 (corresponding to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023). 3. On the other hand, learned Assistant Public Prosecutor, representing the State, opposed the petition vehemently and would submit that the Court may pass appropriate orders. 4. Considering the submission made and on perusal of material on record, since the offences alleged against the petitioners are punishable with imprisonment extending up to maximum five years, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. 4 (Section 35 of BNSS, 2023) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 5. 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 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1311 of 2026 Date: 18.02.2026 ARB