Extracted from the PDF above. The PDF is authoritative.
APHC010130492026
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: 1990/2026 Between:
1. D CHENCHU NAGANNA, S/O D CHENCHANNA, AGED 70 YEARS, R/O H.NO. 870103-18, GANESH NAGAR, KURNOOL TOWN.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI, THROUGH KURNOOL III TOWN P.S. KURNOOL DISTRICT.
...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 CourtPleased to direct the Station House Officer, Kurnool III Town Police Station, Kurnool District to enlarge the Petitioner/Accused No.Ion bail in the event of his arrest in connection with in Crime No. 4 of 2026 of Kurnool III Town Police Station, Kurnool District and to pass Counsel for the Petitioner/accused:
1. K.S.G. PADMAVATHI 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 petitioner, who is accused No.1, seeking anticipatory bail in connection with Crime No.4 of 2026 of Kurnool III Town Police Station, Kurnool District, registered for the offences punishable under Sections 318(4), 319(2) r/w 3(5) of BNS.
2.
Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner 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 petitioner 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.
________________________________________
Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date:18.03.2026 ARB
1 (2014) 8 SCC 273
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1990 of 2026
Date: 18.03.2026
ARB