APHC010687272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13116/2025 Between: MOHIT KUMAR, S/O MAHESH KUMAR SAH AGED ABOUT 26 YEARS, BRAHAMPUR, SIRIPUR, SAKRI ( P.O), MADHUBANI, DARBHANGA, BIHAR- 847239 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AMARAVATHI, GUNTUR DISTRICT, THROUGH SHO, CYBER CRIME POLICE STATION, VISAKHAPATNAM COMMISSIONERATE. 2. BADDA GAYATRI, D/O. RAMANA MURTHY, AGED ABOUT 24 YEARS, OCC.UN EMPLOYEE, MJ HOSTER AND PG, PM PALEM, CARSHED STREET, VISAKHAPATNAM COMMISSIONERATE, VISAKHAPATNAM DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 29.12.2025 IN CRL.P.NO.13116 OF 2025. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 482 of BNSS has been filed seeking to grant anticipatory bail to the Petitioner / Accused, in connection with Crime No.46 of 2025 of Cyber Crime Police Station, Visakhapatnam Commissionerate, which was registered for the offences under Sections 319(2), 318(4), 111(2) read with 61(2) of BNS and Sections 66-C and 66-D of The Information Technology Act – 2000-2008. 2 2. Heard Sri Sreemannarayana Vattikuti, learned counsel for the Petitioner and Sri K.Sandeep, learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the Petitioners would submit that Section 111 (2) of BNS has no application against the Petitioner and rest of the offences alleged against the Petitioner 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. 4. Learned Assistant Public Prosecutor would submit that the Police may be directed to follow the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 5. Considering the submissions, the Criminal Petition is disposed of 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, concerned Police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.01.2026 Note: Issue C.C today B/o. Dinesh 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.13116 of 2025 Dt.22.01.2026 Dinesh