High CourtsSingle Bench(2024) 12 AP CK 0027

Kallam Nagi Reddy vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 24 December 2024

HON’BLE JUDGES
Nyapathy Vijay, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No: 9122 Of 2024

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Judgment

7 paragraphs · 237 words

Nyapathy Vijay, J

1.

The present Criminal Petition is filed under Section 482 of B.N.S.S. Act, 2023 seeking to direct the Station House Officer, Sattenapalli Rural Police Station, Palnadu District, to enlarge the Petitioner/Accused No.1 on bail in the event of his arrest in connection with Cr.No.172 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 316(5), 318(4), 351(2) R/w Section 3(5) of B.N.S. Act, 2023.

2.

The Petitioner herein is the Accused No.1 in the above crime.

3.

In the course of arguments, Mrs.Donthireddy Anusha, learned counsel for the Petitioner/Accused No.1 submits that since all the offences registered against the Petitioner/Accused No.1 are punishable for sentence of less than seven years, the police should adhere to Section 41-A Cr.P.C and follow the guidelines prescribed by the Hon’ble Supreme Court in ‘Arnesh Kumar Vs. State Of Bihar (2014) 8 SCC 273.

4.

On the other hand, the learned Assistant Public Prosecutor submits that the procedure prescribed under Section 41-A Cr.P.C. would be adhered to and also the guidelines prescribed by the Hon’ble Supreme Court in Arnesh Kumar’s case.

5.

Taking into consideration the above submissions, this Criminal Petition is disposed of directing the Station House Officer, Sattenapalli Rural Police Station, Palnadu District, to follow the procedure prescribed under Section 41-A Cr.P.C. and also the guidelines prescribed by the Hon’ble Supreme Court in Arnesh Kumar case (supra).

Pending interlocutory applications, if any, shall stand closed.