APHC010130602026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1998/2026 Between: 1. SHAIK RIYAZ, SON OF SHAIK KHADAR SAHEB, AGED ABOUT 23 YEARS, RESIDING AT DOOR NO. 1290, PRAGATHI NAGAR, PODALAKUR ROAD, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI, THROUGH INSPECTOR OF POLICE, DARGAMITTA POLICE STATION, NELLORE CITY, SPSR NELLORE DISTRICT. ...RESPONDENT 2. TUPILI, VENKATESWARLU, AGED ABOUT 51 YEARS, SC/MALA, 4TH STREET, LAKE VIEW COLONY, PODALAKURU ROAD, DARGAMITTA, NELLORE CITY, SPSR NELLORE DISTRICT. NIRANJAN, OF LATESON ...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 Courtpleased to grant pre-arrest bail to the petitioner/Accused herein in the event of arrest by the respondent/ complainant in connection with Cr.No.223 of 2025 of Dargamitta Police Station, Nellore City and the petitioner is abide and obliged by any conditions as imposed by this Hon’ble Court while enlarging on bail and pass Counsel for the Petitioner/accused: 2 1. V SURENDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1998/2026 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner/accused, seeking anticipatory bail in connection with Crime No.223 of 2025 of Dargamitta Police Station, Sri Potti Sriramulu Nellore District, registered for the offences under Sections 115(2), 351(2) of BNS and Section 3(2)(va) of the SCs and STs (PoA) Act. 2. Learned counsel for the petitioner, after arguing for some time, confined his argument to the extent that the petitioner 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 petitioner 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 4 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: 18.03.2026 ARB 1 (2014) 8 SCC 273 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1998 of 2026 Date: 18.03.2026 ARB