APHC010137202026 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: 2097/2026 Between: 1. VIJAY AGARWAL, S/O. KEWSRIMAL AGARWAL,AGED ABOUT 50 YEARS, R/O. D.NO. 5-9-35/2,FLAT NO. 402, RENUKA RESIDENCY,HIMAYATNAGAR, HYDERABAD. 2. MANOJ KUMAR AGARWAL ALIAS MANOJ AGARWAL, S/O. BHIKULAIJI AGARWAL, AGE ABOUT 40 YEARS R/O. D.NO. 15-2- 529/1, MAHARAJ GUNJ,GOWLIGUDA, NAMPALLI, HYDERABAD. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF AP, through the S.H.O.,Chilakaluripeta Urban P.S.,Palnadu District, Rep.by its Public Prosecutor,High Court of A.P.at Amaravathi.522237 ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. N SRIHARI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2097/2026 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner/accused No.2, seeking anticipatory bail in connection with Crime No.13 of 2026 of Chilakaluripeta Town Police Station, Palnadu District, registered for the offences punishable under Sections 318(4), 115(2), 79, 351(2) R/W 3(5) of BNS. 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 3 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 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2097 of 2026 Date: 18.03.2026 ARB