APHC010230852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3622/2026 Between: 1. P VIJAY CHOWDARY, S/O. P. GOPAL CHOWDARY,AGED ABOUT 35 YEARS, OCC ENGINEERING ASSISTANTPANCHAYAT RAJ DEPARTMENT, WORKING AT AMAGONDAPALEM,R/O. KOTHACHERUVU VILLAGE, KOTHACHERUVU MANDAL,SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT - 51513 2. SMT ARUNA DEVI, W/O. P. GOPAL CHOWDARY,AGED ABOUT 60 YEARS, OCC HOUSEWIFE,R/O. KOTHACHERUVU VILLAGE, KOTHACHERUVU MANDAL,SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT - 515133. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, through SHO, Kothacheruvu U PS,Sri Satya Sai District,Rep. by the Public Prosecutor,High Court of A.P., at Amaravati - 522237. ...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 Court may be pleased to grant anticipatory bail and direct the respondent police to release the petitioners/Accused No.1 and 2 herein in the event of their arrest in FIR No. 16 of 2025, dated 26.02.2025 on the file of Kothacheruvu UPS, Kothacheruvu, Sri Sathya Sai District Erstwhile Anantapur District and pass such Counsel for the Petitioner/accused(S): P NARAHARI BABU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: 2 The instant Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioners/Accused Nos.1 and 2 seeking anticipatory bail in connection with Crime No.16 of 2025 of Kothacheruvu (U) Police Station, Sri Sathya Sai District for the offences under Sections 85, 118(1), 109 read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Sri P.Narahari Babu, learned counsel for the Petitioners would submit that the petitioner No.1/accused No.1 was arrested and relief seeks against him became infructuous. 3. In view of the said submissions, the present petition against petitioner No.1 is dismissed. 4. Learned counsel for the petitioners further submits that the offences alleged against the Petitioner No.2 are punishable with less than seven years period of imprisonment and Police may be directed to follow the procedure contemplated under Section 35(3) of BNSS. 5. Ms.K.Priyanka Lakshmi, learned Public Prosecutor fairly conceded the same and would submit that a direction may be given to the Police to follow the procedure contemplated under Section 35(3) of BNSS Act since the offences are punishable with an imprisonment of below seven years. 6. Considering the submissions, this Criminal Petition is disposed of against the petitioner No.2/accused No.2 with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the Petitioner No.2, concerned Police Authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) 3 of BNSS and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1, which is reiterated in in Satender Kumar Antil vs. CBI and another2. Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:04.05.2026 KRS 1 (2014) 8 SCC 273 2 2026 INSC 115 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3622 of 2026 Dt.04.05.2026 KRS