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2025 Supreme(Online)(AP) 12434
HIGH COURT OF ANDHRA PRADESH
MAHESWARA RAO KUNCHEAM, J
Devineni Avinash – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No: 5713 of 2025
For the Appellants/Petitioners: Sri Phani Viswanath Challa
For the Respondents: Public Prosecutor, Sri Trinath Choudary Kolla
The court emphasizes adherence to procedural guidelines for anticipatory bail applications under relevant statutes.
Headnote:The petitioner seeks anticipatory bail under Section 482 of the Bharatiya Nyaya Sanhitha, 2023, for offences punishable up to seven years. Court directs adherence to Section 35(3) procedures to ensure fair treatment in light of guidelines. The petition is disposed of with specified directions.
| Table of Content |
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| 1. petition for anticipatory bail filed under relevant sections. (Para 1 , 2) |
| 2. public prosecutor concurs with the petitioner. (Para 3) |
| 3. court directs police to follow specific procedural guidelines. (Para 4 , 5) |
Th'ls 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.145 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 d'lrect the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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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 I'SSue notice under Section
35(3) of the BNSS.
4. Heard. Perused the material on record.
5. Since the offences alleged are puni'shable with imprisonment up to seven years, thI'S Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bhara{iya Nagarik Suraksha sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kt,mar Vs.
State of Bihar and another1, 6. With the above directions, the criminal petitI'On iS disposed Of.
