Anmol Kandulna Vs the State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2025)

Anmol Kandulna Vs the State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No bail order was made granting or refusing anticipatory bail; the petition was disposed of with a direction to the police to follow Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 scrupulously as per the guidelines in Arnesh Kumar v. State of Bihar; miscellaneous applications pending, if any, stand closed.

Issue for consideration

Whether the petitioners/A1 and A2 may be released on bail in the event of their arrest (anticipatory bail under Section 482 BNSS) in connection with FIR No.515 of 2024, Kancharapalem Police Station. +2 more

Court's answer

With the above directions, the Criminal Petition was disposed of, and miscellaneous applications pending, if any, shall stand closed.

Ratio / Principle

In view of the submission of the learned Assistant Public Prosecutor, the Court directed the police to follow scrupulously the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as per the guidelines enunciated in Arnesh Kumar v. State of Bihar.

Detailed headnote1 paragraphs

Anticipatory bail - Section 482 BNSS - Crl.P.No.3111 of 2025 (Anmol Kandulna & Anr. v. State of Andhra Pradesh) - Petitioners/A1 & A2 sought release in the event of arrest in Crime No.515 of 2024, Kancharapalem Police Station, Visakhapatnam District, registered on 31-12-2024 for offences punishable under Sections 121(2) and 132 read with 3(5) of the BNS. Defence contended inordinate delay in lodging the report and that the ingredients of Section 121(2) BNS were not attracted; the Assistant Public Prosecutor pointed out the offences carry imprisonment of less than seven years and Section 109(1) BNS had not been invoked. The Court made no order granting or refusing bail; it disposed of the petition directing the police to scrupulously follow the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in accordance with the guidelines enunciated in Arnesh Kumar v. State of Bihar. Miscellaneous applications, if any, stood closed.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMA

THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

CRIMINAL PETITION NO: 3111 OF 2025

Between:

Anmol Kandulna, S/o. Rasin Kumar Kandulna, Aged²¹ years, R/o Konmerla Village, Jaldega PS, Konmerla, Simdega District,^Jharkhand- 835211.

Simon Kandulna, S/o.Namjer Kandulna, Aged 21 years, R/o Phan Toll, Konmerla Village, PS Jaldega, Simdega District. Jharkhand.

...Petitioner/A1 & A2

AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, Through the SHO, Kancharapalem Police Station, Visakhapatnam District, High Court of Andhra Pradesh at Amaravati.

...Respondent/Complainant

Petition under Section 482 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court these Petitioners/Accused No.1 & 2 may please be released on bail in the event of their arrest in connection with FIR No.515 of 2024 of Kancharapalem Police Station, Visakhapatnam District^{on31-12-2024.}

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri

Kuditipudi Varun, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following:

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APHC010137482025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3369] (Special Original Jurisdiction)

THURSDAY. THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3111/2025

Between:

Anmol Kandulna and Others ...PETITIONER/ACCUSED{S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

1.KUDITIPUDI VARUN

Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order:-

This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioners herein/A1 and A2 seeking to grant anticipatory^bail in Crime No.515 of 2024 of Kancharapalem Police Station, Visakhapatnam District, registered for the offences^{punishableunder} Sections 121(2) and 132 read with 3(5) of the BNS.

Learned counsel for the petitioner submits that there^hasbeen an inordinate delay in submitting the report, and the^{ingredientsof} Section 121 (2) of the BNS do not apply to the facts^ofthecase.

On the other hand, learned Assistant Public Prosecutor^submits that the present crime was registered under Section^121(2)and132 read with 3(5) of the BNS and the alleged offences^{arepunishablewith}

2

imprisonment of less than seven years. He further submits that Section 109(1) of the BNS has not been included. 4. Heard. Perused the material on record. 5. In view of the submission made by the learned Assistant^Public Prosecution, 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^ 6. With the above directions, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand^closed.

T (2014) 8 see 273

Sd/- N NAGAMMA ASSISTANT REGISTRAR

//TRUE COPYII

SEGTION OFFieER

To,

The Station House Officer, Kancharapalem Police Station, Visakhapatnam District.

One CC to Sri. Kuditipudi Varun, Advocate [OPUC]

Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]

Three CD Copies

PR

sree

HIGH COURT DATED:03/04/2025

ORDER

CRLP.No.3111 of 2025

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DISPOSING THE CRLP