APHC010578452024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9289/2024 Between: 1. MALAKA AMARNATHA REDDY, S/O. M.GANGI REDDY, AGED ABOUT 32 YEARS, OCC AGRICULTURE, R/O. D.NO.8/88, VEERACHNNAIAHGARI PALLI, H/O. BRAMHANAPALLI VILLAGE, KADIRI MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, rep., by its Public Prosecutor, High Court of Judicature at Amaravathi Rep by Avanigadda Police Station, Krishna District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. Sudharsana Reddy J Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, 8the BNSS9), by the petitioner/Accused No.1, seeking anticipatory bail in connection with Crime No.250 of 2024 of Avanigadda Police Station, Krishna District, registered for the offences punishable under Sections 61(2), 111(2)(b), 192, 196(1), 336(4), 340(2), 353(2), 79 read with 3(5) of BNS and Section 67 of ITA 2000-2008. 2. Learned counsel for the petitioner would submit that the petitioner was falsely implicated in the above case and the allegations leveled against the petitioner does not attract the ingredients of Section 111(2)(b) of BNS. It is further submitted that except the offence under Section 111(2)(b) of BNS, all the other offences are punishable with imprisonment below 7 years. 3. Learned Assistant Public Prosecutor, representing the State, would submit that in the absence of application of Section 111(2)(b) of BNS in this matter, all the offences are punishable with imprisonment of below 7 years and appropriate directions may be issued to the police and dispose of the matter. 4. Learned counsel for the petitioner would submit that recording the submission of learned Assistant Public Prosecutor, the petition may be disposed of. 5. In that view of the matter, since Section 111(2)(b) of BNS is not application to the facts of the present case, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. (Section 3 35 of BNSS, 2023) 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: 10.02.2026 ARB 1 (2014) 8 SCC 273 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9289 of 2024 Date: 10.02.2026 ARB