Andhra Pradesh High Court - Amravati
Mallisetty Siva Sankar Prp Siva vs The State Of Andhra Pradesh on 5 June, 2025
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
THURSDAY, THE FIFTH DAY--OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 5718 OF 2025
Between :
1. Mallisetty Siva Sankar @ PRP Siva, S/o. Pullaiah, Aged 45 Years, R/o.
Podalakur Village, Podalakur Mandal, SPSR Nellore District
2. MalI'Setty Lavanya, W/o Malisetty Siva Sankar, Aged 38 years, House wife,
R/o Podalakur Village, Podalakur MandaI, SPSR NeIIore District
3. Challa Srinivasulu, S/o. Rangaiah, Aged about 35 years. Driver R/o.
Maruthi Nagar, Police Line, Podalakur, SPSR Nellore District
...PETITIONERS / ACCUSED 1 to 3
AND
The State ofAndhra Pradesh, Rep by its Station House Officer, Podalakur,
SPSR NeIIore District, through Public Prosecutor, High Court Bids,
Amaravati
M.RESPONDENT / COMPLAINANT
Petition under Section 482 of BNSS Act, praying that in the
circumstances stated in the Memorandum of Grounds of Criininal Petition,
the High Court may be Pleased to enlarge the petitI'Oner / Accused No. 1 to
3 on bail in the event of their arrest by the police, P S Podalakur, Sri Potti
sriramulu Nellore District in connection with Crime No. 85/2025 for
offences under Sections 329(3), 324(4) R/w. 3(5) of BNS Act.
This Petition coming on for hearing, upon perusing the Memorandum
of\Gru'ounds of Criminal Petition and upon hearing the arguments of Sri T.
grJan;-rdhan Rao, Advocate for the Petitioners -and the Public Prosecuto'r
... is
`\`'
(Ap) on behalf of the Respondent
The Court made the following:
APHCO10277252025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATl [3505]
EiLE (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
Betwee n :
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 _tiig i
the same and concurred wl-th the submission made by the learned counsel for
the petitI'OnerS for the reason that the offences alleged are punI'Shable with
l'mprisonment up to seven years and undertakes to issue notI'Ce under Section
35(3) of the BNSS.
4. Heard, perusedthematerl-alon record.
5. Since the offences alleged are punI-Shable with imprisonment up to
seven years, thI-S Court dllrects the police to follow the procedure as
contemplated under section 35(3) of the Bharatl'ya Nagarik suraksha sanhI|ta,
2023, scrupulously, as per the guidelI'neS enunciated in Amesh Kt,mar vs.
csof:::tloonfs,BJ'-I:haorutaanndy daenf:::ter7 The petltlOners sha" comply wlth the
6. with the above djrectl[onsj the crI'mjnal Petjtjon is dI-SPOSed of.
Miscellaneous applications pending, I-f anyJ Shall stand closed.
1 (2014) 8 SCC 273
To, //TRUE COPY// ASSISSsTdEAffi:
1. The station House officer, podalakur police Station, srI-Pottl-srI'ramulu
Nellore Dl-strict
2. One cc to srj T.Janardhan Rao, Advocate [opuc]
3. Two cc to public prosecutor, High court of Andhra pradesh a{
Amaravathi. [ouT]
4. Three CD Copies
MV
TF
T \.
1
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HIGH COURT \
DATED: 05/06/2025
ORDER
CRLP|No.5718 of 2025
DISPOSING OF THE CRLP