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2026 DAILYLAW 2687 (AP)

Mittapalli Kishorel v. The State of Andhra Pradesh

CRLP/4537/2026 · 2026-05-28

Balaji Medamalli

body2026

Judgment text

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APHC010282982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] FRIDAY,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4537/2026 Between: 1. MITTAPALLI KISHOREL, ,S/O LAXMARIO, AED ABOUT 58 YEARS,R/O 5-125, KODADA TOWN, KODADA DISTRICTSURYAPET, TELANGANA. 508206 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through Station House Officer,Jaggiahpet Police Station, NTR DistrictRep.by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. VELADI SAI SRI HARSHA 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, ‘the BNSS’), by the petitioner, who is accused, seeking anticipatory bail in connection with Crime No.37 of 2026 of Jaggaiahpet Police Station, NTR Commissionerate, registered for the offences punishable under Sections 318(4) 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 offence alleged is 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 offence alleged is punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record. 5. Since the offence alleged is 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) 3 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. _____________________ JUSTICE BALAJI MEDAMALLI Date:29.05.2026 ARB 1 (2014) 8 SCC 273 4 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4537/2026 Date: 29.05.2026 ARB