Extracted from the PDF above. The PDF is authoritative.
APHC010689812025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13134/2025 Between:
1. K MANJULA, AGE 50 YEARS,W/O K. RAJA KUMAR,OCC HOUSEWIFE,R/O D.NO. 18-2-94/A, ASHOK NAGAR,NEAR RAYALASEEMA PUBLIC SCHOOL,BHAVANI NAGAR,TIRUPATI, ANDHRA PRADESH.
2. K RAJA KUMAR, AGE 56 YEARS, S/O LATE SAMBAMDAM ACHARI,OCC RETD.PRIVATE EMPLOYEE,R/O D.NO. 18-2-94/A, ASHOK NAGAR,NEAR RAYALASEEMA PUBLIC SCHOOL,BHAVANI NAGAR, TIRUPATI, ANDHRA PRADESH.
...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICTTHROUGH STATION HOUSE OFFICER, ALIPIRI POLICE STATION,TIRUPATI.
2. VICTIM, RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 26.12.205 IN CRL.P.NO.13134 OF 2025.
...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S):
1. BALA MURALI KRISHNA P Counsel for the Respondent/complainant(S):
1. BULLA MADHUKAR
2. PUBLIC PROSECUTOR The Court made the following Order:
This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioners herein/A2 and A3 seeking to grant anticipatory bail in Crime No.450 of 2025 of Alipiri Police Station, Tirupathi District, registered for the offences punishable under Sections 69, 351(3) read with 3(5) of BNS and Sections 3(1)(r) and 3(1)(s) of the SCs and the STs (PoA) Act.
2.
Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners
2 Dr.VJP,J Crl.P.No.13134 of 2025
herein from the coercive action by 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 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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.
Learned counsel appearing on behalf of the respondent No.2 opposed the petition.
5. Heard. Perused the material on record.
6. 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 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1.
7. With the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
___________________________________
Dr. VENKATA JYOTHIRMAI PRATAPA,J
Date:27.01.2026 Asr
1 (2014) 8 SCC 273
3 Dr.VJP,J Crl.P.No.13134 of 2025
THE HONOURABLE SMT DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.13134 of 2025
DATE:27.01.2026
Asr