Devineni Avinash Vs the State of Andhra Pradesh

The State of Andhra Pradesh, Rep by the Station House Offl'cer, Tiruvuru Police Station, Rep through Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District.

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...Respondent

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Shaik Mastan, S/o.Md.Rafi, aged about 44 years, R/o.14-188, Muslim Bazaar, Kotha Colony, Rajupeta, Tiruvuru, NTR District, Andhra Pradesh.

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...Respondent No.2/Defacto Complainant

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(Respondent No.2 is impleaded as per the court order, dated o5-06-2025 in I.A.No.2 of 2025 in CRLP No.5712 of 2025)

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Petition filed under section 482 of BNSS, 2023 praying that I-n the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondent herein to grant

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•S

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pro-arrest bail in the event of his arrest in Crime No.147 of 2025 on the file -rot Tiruvuru Police Station, NTR Commissionerate for the offences ysky H Punishable under Sections 140(3),142,127 (2) read with 3(5) of the .,.r,Bharatiya Nyaya Sanhita, 2023.

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I.A. NO: 1 OF 2025

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Petition filed under section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to direct the respondent herein to issue notice u/s. 35 (3) of Bharatiya Nagarik Suraksha Sanhitha, 2023 in connection with Crime No.147 of 2025 on the file of Tiruvuru Police Station, NTR Commissionerate for the offences punishable under sections 140(3),142, 127 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri Phani Viswanath Challa, Advocate for Petitioner and the Public Prosecutor on behalf of Respondent No.1 and of Sri Trinath Choudary Kolla, Advocate for Respondent No.2.

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The Court made the following:

[3504]

APHCO10277212025

ERE

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl

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(special Original Jurisdiction)

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THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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CR[M[NAL PETITION NO: 5712/2025

Between :

Devineni Avinash

M.PETITIONER/ACCUSED

AND

The State Of Andhra Pradesh

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I..RESPONDENT/COMPLAINANT

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counsel for the petitioner/accused:

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PHANI VISWANATH CHALLA

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following:

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This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/accused No.2 seeking to grant antiCiPatOry bail in Crime No.147 of 2025 of Tiruvuru Police Station, NTR Commissionerate, registered for the offences punishable under Section 140(3),142,127(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

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Learned counsel for the petitioner 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.

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;+p

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On the other hand, learned Public Prosecutor did not oppose the same and concurred with the submjssjon made by the learned counsel for the pe{jtjoner for the reason that the offences alleged are pun[|shable with imprisonment up to seven years and undertakes {o issue notice under section 35(3) of the BNSS.

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Heard. Perusedthe materl'alon record.

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Since the offences alleged are punt-shab[e w[-th I'mPriSOnment up to seven years, this court directs the police to follow the procedure as contemplated under section 35(3) of the Bharatiya Nagarik suraksha sanhl'ta, 2023, scrupulously, as per the guidelines enunciated I'n Amesh Kumar vs. State of Bihar and another1.

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with the above directions, the criminal Petition is disposed of.

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Miscellaneous applications pending, if any, shall stand closed.

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(2014) 8 SCC 273

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Sd/-SHAIK MOHD.7 RAFl

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//TRUE COPY//

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To,