High CourtsSingle Bench(2025) 06 AP CK 0137

Devineni Avinash vs State Of Andhra Pradesh

Andhra Pradesh High Court, Amaravati · Decided on 5 June 2025

HON’BLE JUDGES
Maheswara Rao Kuncheam, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No: 5710 Of 2025 & Criminal Petition No: 5711 Of 2025

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Judgment

8 paragraphs · 229 words

Maheswara Rao Kuncheam, J

1.

This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/accused No.2 seeking to grant anticipatory bail in Crime No.148 of 2025 of Tiruvuru Police Station, NTR Commissionerate, registered for the offences punishable under Section 140(3), 142, 127(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

2.

Learned counsel for the petitioner submits that the offences alleged are punishable with imprisonment up to 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 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 offences alleged are punishable with imprisonment up to seven years and undertakes to issue notice under Section 35(3) of the BNSS.

4.

Heard. Perused the material on record.

5.

Since the offences alleged are punishable with imprisonment up to 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 another (2014) 8 SCC 273.

6.

With the above directions, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.