Maximum punishment prescribed for the offences being below seven years warrants police to follow procedure under Section 41-A of Cr.P.C

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioners/Accused in connection with Crime No.155 of 2021 of Tenali I Town Police Station, Guntur District, wherein the petitioners are alleged to have committed the offences punishable under Section 498-A of the Indian Penal Code, 1860 (for short "IPC") and Section 3 and 4 of Dowry Prohibition Act.

2. Heard Sri Amancharla Satish Babu, learned counsel for the petitioners and learned Public Prosecutor for respondent-State.

3. Learned counsel for the petitioners without arguing the case on merits, would submit that since the punishment prescribed for the alleged offence is below seven years, the police may be directed to follow the procedure as contemplated under Section 41-A of Cr.P.C.

4. Learned Assistant Public Prosecutor also fairly conceded for the same.

5. Taking into consideration the fact that maximum punishment prescribed for the offences leveled against the petitioners is below seven years, the police are directed to follow the procedure contemplated under Section 41-A of Cr.P.C. and guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

6. Accordingly, the criminal petition is disposed of. No costs.

7. As a sequel, all the pending miscellaneous applications shall stand closed.