APHC010134782026 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: 2050/2026 Between: 1. G GAJAPATHI, S/O. P. GOVINDASWAMY, AGED ABOUT 43 YEARS,OCC NTV REPORTER, R/O. D.NO.6-628/2, YELLAMMA STREET,SANTHAPET, CHITTOOR TOWN, CHITTOOR DISTRICT, ANDHRA PRADESH.-517001. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLICPROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI,THROUGH SHO, CHITTOOR II TOWN POLICE STATION,CHITTOOR DISTRICT-517001. 2. T S SAI BALAJI, S/O. T.G. SURESH, AGED ABOUT 31 YEARS,R/O. D.N0.15-2446/A, JOHNSON GARDEN, INDIAN SCHOOL ROAD,CHITTOOR TOWN, CHITTOOR DISTRICT, ANDHRA PRADESH.-517001, ...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 anticipatory bail to the petitioner/A2 in the event of his arrest in connection with Cr. No. 21 of 2026 dated 28-02-2026 on the file of Chittoor 2 Town UPS, Chittoor District for the offences under Sections 409, 420 r/w 34 I PC, by directing the respondent police to release the petitioner on bail in the event of his arrest, and pass 2 Counsel for the Petitioner/accused: 1. GURAVAIAH T Counsel for the Respondent/complainant(S): 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, ‘the BNSS’), by the petitioner, who is Accused No.1, seeking anticipatory bail in connection with Crime No.21 of 2026 of Chittoor II Town Police Station, Chittoor District, registered for the offences punishable under Sections 409, 420 r/w 34 IPC. 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) 4 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 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2050 of 2026 Date: 18.03.2026 ARB