Disposed¶19

N Nagaraju v. the State of Andhra Pradesh

Andhra Pradesh HC1 May 2025CRLP/1898/2025

Case brief

AI extract

What is this about?

Anticipatory bail petition under S.482 BNSS converted into a direction to police to follow S.35(3) BNSS notice procedure (per Arnesh Kumar, (2014) 8 SCC 273) because alleged offences (IPC Ss.341, 506, 323, 195(a), 330 r/w 109) are punishable with less than seven years; APP concurred and undertook to issue notice; Crime No.33/2025, RIMS U/G PS, Kadapa; petitioners A3/A4; disposed 02.05.2025.

What did the court decide?

Police directed to follow Section 35(3) BNSS procedure scrupulously as per Arnesh Kumar guidelines; petitioners directed to comply with conditions without default; Criminal Petition disposed of; miscellaneous applications pending, if any, stand closed. ¶19

N Nagaraju Vs the State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, the offences alleged against the petitioners (A3 and A4) in Crime No.33 of 2025 being punishable with imprisonment of less than seven years, the Court should direct the police to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the petition under Section 482 BNSS seeking anticipatory bail.

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Ratio / Principle

Since the offences alleged are punishable with imprisonment of less than seven years, the Court directed the police to follow the procedure 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.

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Key takeaways

The petitioners were directed to comply with the conditions, without any default.ratio¶18

Detailed headnote1 paragraphs

Criminal Petition No.1898 of 2025 (High Court of Andhra Pradesh at Amaravati, Justice T. Mallikarjuna Rao, 02.05.2025): Petition under Section 482 of B.N.S.S. by A3 and A4 (N Nagaraju and Others) in Crime No.33 of 2025 of RIMS U/G Police Station, Kadapa District, registered for offences under Sections 341, 506, 323, 195(a) and 330 read with 109 IPC, seeking anticipatory bail. As the offences alleged are punishable with imprisonment of less than seven years, and the learned Assistant Public Prosecutor did not oppose and undertook to issue notice under Section 35(3) BNSS, the Court directed the police to follow the Section 35(3) procedure scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another, (2014) 8 SCC 273, and directed the petitioners to comply with the conditions without default; petition disposed of.

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APHC010086642025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3369]

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FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1898/2025

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Between:

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N Nagaraju and Others ...PETITIONER/ACCUSED(S)

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AND

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The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

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1.P M MITHILESHWARA REDDY Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR The Court made the following Order :-

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This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioners herein/A3 and A4 seeking to grant anticipatory bail in Crime No.33 of 2025 of RIMS U/G Police Station, Kadapa District, registered for the offences punishable under Sections 341, 506, 323, 195(a) and 330 read with 109 IPC.

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Learned counsel for the petitioners submits that the offences alleged are punishable with imprisonment of less than 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.

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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

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alleged are punishable with imprisonment of seven years and undertakes to issue notice under Section 35(3) of the BNSS.

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Heard. Perused the material on record.

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Since the offences alleged are punishable with imprisonment of less than 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 another¹ . The petitioners shall comply with the conditions, without any default.

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