APHC010283392026 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: 4567/2026 Between: 1. MANISHANAYAR ALIAS K MANISHA, D/O. K. MANI, AGED ABOUT 29 YEARS,R/O. D. B.6-1-166-4, LAKSHMI NAGAR, NEAR MANI FASHIONS, JANMABHOOMI ROAD, ANANTHAPURAM, ANANTHAPURAM DISTRICT, A.P. 2. MANI ALIAS K MANI, S/O. K. VISHWANATH, AGED ABOUT 60 YEARS,R/O. D. NO.6-1-166-4, LAKSHMI NAGAR, NEARMANI FASHIONS, JANMABHOOMI ROAD, ANANTHAPURAM, ANANTHAPURAM DISTRICT, A.P. 3. LOKESH ALIAS NUKALATHOTA LOKESH, S/O. N. KONAIAH, AGED ABOUT 36 YEARS,R/O. D. NO.1-1-916, INDIRA GANDHI NAGAR, ANANTHAPURAM, ANANTHAPURAM DISTRICT, A.P. 4. SIVA ALIAS MANGALA SHIVA KUMAR, S/O. M. NAGABUSHANA, AGED ABOUT 34 YEARS,R/O. D.NO.1-2-27-A, INDIRA GANDHI NAGAR, ANANTHAPURAM, ANANTHAPURAM DISTRICT, A.P. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prpsecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT 2 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 enlarge the Petitioners/Accused No.1 to 4 on bail in the event of their arrest in connection with Crime No.115/2026 on the file of Anantapur Rural P.S., Ananthapuram District for the offence under Sec.329(4), 115(2), 79, 351(3) r/w 3(5) B.N.S. and Sec.3(1)(r), 3(1 )(s) of SC/ST (POA) Act Counsel for the Petitioner/accused(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent/complainant: 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 petitioners, who are accused Nos.1 to 4, seeking anticipatory bail in connection with Crime No.115 of 2026 of Anantapur Rural Police Station, Ananthapuram District, registered for the offences punishable under Sections 329(4), 115(2), 79 and 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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 petitioners 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. In the event of any alteration of Section of law, it is open to the petitioners to move appropriate application. 6. With the above directions, 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 5 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4567/2026 Date: 29.05.2026 ARB