Andhra Pradesh High Court - Amravati
Mallisetty Siva Sankar Prp Siva vs The State Of Andhra Pradesh on 5 June, 2025
APHC010277252025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3505]
(Special Original Jurisdiction)
THURSDAY ,THE FIFTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 5718/2025
Between:
Mallisetty Siva Sankar @ Prp Siva and Others ...PETITIONER/ACCUSED(S)
AND
The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)
Others Counsel for the Petitioner/accused(S):
1. T JANARDHAN RAO Counsel for the Respondent/complainant(S):
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/accused Nos.1 to 3 seeking to grant anticipatory bail in Crime No.85 of 2025 of Podalakur Police Station, Sri Potti Sriramulu Nellore District, registered for the offences punishable under Section 329(3), 324(4) r/w 3(5) of BNS.
2. Learned counsel for the petitioners submits that the offences alleged are punishable with imprisonment up to seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment up to seven years and undertakes to issue notice under Section 35(3) of the BNSS.
4. Heard. Perused the material on record.
5. Since the offences alleged are punishable with imprisonment up to seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another 1 . The petitioners shall comply with the conditions, without any default.
6. With the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
______________________________ MAHESWARA RAO KUNCHEAM, J Date: 05.06.2025 SRT 1 (2014) 8 SCC 273 20 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Criminal Petition No.5718 of 2025 Date: 05.06.2025 SRT