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2025:APHC:55691

APHC010688752025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3521]

(Special Original Jurisdiction)

FRIDAY, THE NINETEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL PETITION NO: 13093/2025

Between:

Monditoka Jagan Mohanarao ...PETITIONER/ACCUSED

AND

The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1. VELADI SAI SRI HARSHA

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR

The Court made the following:

ORDER

The Criminal Petition has been filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the

petitioner/Accused for grant of pre-arrest bail in connection with Crime No.552

of 2025 on the file of Nandigama Police Station, NTR District, registered for

the alleged offences punishable under Sections 353(2) and 79 of the

Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

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2. Heard the learned counsel for the petitioner and learned Assistant

Public Prosecutor representing the State. Perused the record.

3. As seen from the record, the offence leveled against the

Petitioner/Accused is punishable with imprisonment for less than seven (07)

years.

4. In this regard, it is apposite to mention the Hon’ble Apex Court in

Arnesh Kumar v. State of Bihar, 2025:APHC:55691, wherein a detailed guidelines were issued

at Para Nos.11 and 12, for arresting a person, which are being reproduced

herein below:-

11.Our endeavor in this judgment is to ensure that police

officers do not arrest accused unnecessarily and

Magistrate do not authorize detention casually and

mechanically. In order to ensure what we have observed

above, we give the following direction:

a).All the State Governments to instruct its police officers

not to automatically arrest when a case under Section 498-

A of the IPC is registered but to satisfy themselves about

the necessity for arrest under the parameters laid down

above flowing from Section 41 Code of Criminal

Procedure, 1973 (for brevity ‘the Cr.P.C.’);

b)All police officers be provided with a check list containing

specified sub- clauses under Section 41(1)(b)(ii);

c) The police officer shall forward the check list duly filed

and furnish the reasons and materials which necessitated

the arrest, while forwarding/producing the accused before

the Magistrate for further detention;

d) The Magistrate while authorizing detention of the

accused shall peruse the report furnished by the police

officer in terms aforesaid and only after recording its

satisfaction, the Magistrate will authorize detention;

e) The decision not to arrest an accused, be forwarded to

the Magistrate within two weeks from the date of the

institution of the case with a copy to the Magistrate which

may be extended by the Superintendent of police of the

district for the reasons to be recorded in writing;

1(2014) 8 SCC 273

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f) Notice of appearance in terms of Section 41-A of Cr.P.C

be served on the accused within two weeks from the date

of institution of the case, which may be extended by the

Superintendent of Police of the District for the reasons to

be recorded in writing;

g) Failure to comply with the directions aforesaid shall

apart from rendering the police officers concerned liable for

departmental action, he shall also be liable to be punished

for contempt of court to be instituted before High Court

having territorial jurisdiction.

h) Authorizing detention without recording reasons as

aforesaid by the judicial Magistrate concerned shall be

liable for departmental action by the appropriate High

Court.

12.We hasten to add that the directions aforesaid shall not

only apply to the cases under Section 498-A of the I.P.C.

or Section 4 of the Dowry Prohibition Act, the case in hand,

but also such cases where offence is punishable with

imprisonment for a term which may be less than seven

years or which may extend to seven years; whether with or

without fine.

5. The similar view is also reiterated by theHon'ble Apex Court in Md.

Asfak Alam