Disposed¶36

Barre Sudheer, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Jun 2025CRLP/5806/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 35(3) BNSS notice procedure; Arnesh Kumar guidelines; offences punishable with imprisonment less than seven years; Sections 303(2) and 317(2) BNS; Crime/FIR No. 116 of 2025, Tadikalapudi Police Station, Eluru District; Section 482 BNSS; Section 438 Cr.P.C.; High Court of Andhra Pradesh at Amaravati; Criminal Petition No. 5806 of 2025; disposed of with directions.

What did the court decide?

Police directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines in Arnesh Kumar Vs. State of Bihar and another; petitioner to comply with the conditions without any default; Criminal Petition disposed of and miscellaneous applications, if any, stand closed. ¶36

Barre Sudheer, Vs The State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2025)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV

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THURSDAY, THE TWELFTH 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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CRIMINAL PETITION NO: 5806 OF 2025

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Between:

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Barre Sudheer, S/o Prasad; Aged; 31 years, R/o H.No.^16-12-1560 Triveni College Road, Jangareddigudem, Eluru District.

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...Petitioner/Accused No.2

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AND

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The State of Andhra Pradesh, Through Station House Officer, Tadikalapudi Police Statioh, Eluru District, Rep. by its Public Prosecutor, High Court at Amaravati, Guntur District.

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...Respondent/Complainant

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Petition under Section 438 of Cr.P.C & 482 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant him Anticipatory Bail by ordering his enlargement in the event of his arrest^{inconnectionwithFIR} No. 116 of 2025 of Tadikalapudi Police Station, Eluru District, on such terms and conditions as deemed fit and proper in the circumstances^ofthecase

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

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Jyothi Prasad, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

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The Court made the following:

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APHC010280432025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [35m

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0EE

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(Special Original Jurisdiction)

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THURSDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5806/2025

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Between: Barre Sudheer,

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...PETITIONER/ACCUSED

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AND

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

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1.K JYOTHI PRASAD

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Counsel for the Respondent/complainant: 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/A2 seeking to grant anticipatory bail in Crime No. 116/2025 of Tadikalapudi Police Station, Eluru District, registered for the offences punishable under Sections 303(2), 317(2) of B.N.S. 2. Learned counsel for the petitioner 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. 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 petitioner for the reason that the offences 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. p5. 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 another^. The petitioner shall comply with the conditions, without any default. 6. 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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SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

//TRUE COPY//

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