2025 Supreme(Online)(AP) 12317
HIGH COURT OF ANDHRA PRADESH
MAHESWARA RAO KUNCHEAM, J
Polisetty Anjaneya Tharun @ Polishetty Tarun Kumar, Polisetty Anjaneya Srinivas Rao @ Polishetty Srinivas, Polisetty Padmavati @ Polishetty Padmavati, Chandrapati Srinivasarao @Srinivasa Rao, Chandrapati Venkata Dhanush Kumar @ Dhanush, Polisetty Anil Kumar @ Anil – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No: 5793 of 2025
For the Appellants/Petitioners: Arun Showri G
For the Respondents: Public Prosecutor
Anticipatory bail granted under Section 438 Cr.P.C where allegations involve lesser offences; procedures specified in BNSS 2023 must be followed.
Headnote:This petition addresses anticipatory bail under Section 438 of Cr.P.C and Section 482 of BNSS 2023 for the accused in a case involving offences under Sections 318(4), 115(2), 79, and 351(3). The petitioners seek bail on grounds that the alleged offences are punishable with imprisonment of less than seven years. The court directs adherence to the procedural guidelines detailed in Section 35(3) of BNSS 2023, based on a precedent ruling on arrest procedures in lesser offences. The matter is disposed of accordingly.
| Table of Content |
|---|
| 1. details of petitioners and offences. (Para 1 , 2 , 4) |
| 2. defense arguments and police concurrence. (Para 3) |
| 3. court directives based on existing laws. (Para 5) |
| 4. final decision on the petition. (Para 6) |
A IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE •ji-E X .c>.
PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAI CRIMINAL PETITION NO: 5793 OF 2025 Between:
1. Polisetty Anjaneya Tharun @ Polishetty Tarun Kumar, S/o P.Anjaneya Srinivasa Rao, Age 31 years, R/o D.No.5-8-11/3, Nagarjuna Nagar, Beside Chaitanya School, Sattenapalle, Palnadu District-522403.
2. Polisetty Anjaneya Srinivas Rao @ Polishetty Srinivas, S/o Krishna Murthi, Age 53 years, R/o D.No.19-11-67, Kotthapeta Bhavanarushi Nagar, Sattenapalle, Palnadu District-522403. Anjaneya2.
3. Polisetty Padmavati @ Polishetty Padmavati, W/o Anjaneya Srinivasa Rao, Age 52 years, R/o D.No.19-11-67, Kotthapeta Bhavanarushi Nagar, Sattenapalli, Palnadu District-522403.
4. Chandrapati Srinivasarao @Srinivasa Rao, S/o Chandrapati Sankara Jagannadharao, Age 56 years, R/o D.No.17-1-5, Kattamurivari Street, Opposite Geetha Mandir, Sattenapalle, Palnadu District-522403.
5. Chandrapati Venkata Dhanush Kumar @ Dhanush, S/o Chandrapati Srinivasarao Age 26 years, R/o D.No.7-1-5, Opp Geetha Mandir, Sattenapalle, Palnadu District-522403.
6. Polisetty Anil Kumar @ Anil, S/o Polisetti Krishna Murthy, Age 49 years, R/o D.No.19-15-54, IPD Colony, 2ND Line, Guntur, Guntur District-
522003 ...Petitioners/Accused No.1 to 6 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh.
...Respondent Petition under Section 438 of Cr.P.C & 482 of BNSS
2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to enlarge the Petitioners/Accused No.1 to 6 on bail in the event of their arrest in Cr.No.122 of 2025 on the file of Sattenapalli Town Police Station, Palnadu District, under Sections 3 18(4), 115(2), 79, 351(3) r/w 3(5) BNS.
I.A. NO: 1 OF 2025 Petition under Section 438 (1) of Cr.P.C & 482(1) of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim bail to the Petitioners/Accused No.1 to 6 in the event of their arrest in connection to Cr.No.122 of 2025 on the file of Sattenapalli Town Police Station, Palnadu District, under Sections 3 18(4), 115(2), 79, 351(3) r/w 3(5) BNS.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arun Showri G, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following:
APHC010279952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]
(Special Original Jurisdiction)
THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5793/2025 Between:
-Polisotty Anjaneya Tharun @ Polishetty ...PETITIONER/ACCUSED(S)
Tarun Kumar and Others AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petltioner/accused(S):
1.ARUNSHOWRI G Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioners herein/A1 to A6 seeking to grant anticipatory bail in Crime No. 122 of 2025 of Sattenapalli Town Police Station, Palnadu District, registered for the offences punishable under Sections 3 18(4), 115(2), 79, 351 (3) read with 3(5) of the BNS.
2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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 pr