Disposed¶44

B Haroon Basha v. the State SHO

Andhra Pradesh HC12 Feb 2025CRLP/945/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; Section 35(3) BNSS; Sections 74, 118(1), 79 Bharatiya Nyaya Sanhita 2023; Arnesh Kumar v. State of Bihar guidelines; protection from coercive action/arrest; offences punishable with imprisonment less than seven years; Crime No.112 of 2024, Adoni III Town Police Station, Kurnool; Andhra Pradesh High Court, Amaravati; Justice K. Sreenivasa Reddy; petition disposed of.

What did the court decide?

Direction to the police to follow the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 scrupulously and as per the Arnesh Kumar guidelines; the Criminal Petition disposed of on that footing and any pending miscellaneous petitions closed. ¶44

B Haroon Basha Vs the State SHO — Child Sexual Offences (POCSO) | Andhra Pradesh HC (2025)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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p
lO m

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

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CRIMINAL PETITION NO: 945 OF 2025

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Between:

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B Haroon Basha, S/o. Hai Basha, aged 36 years, Business, R/o. Havannapet, Adoni, Kurnool District

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...Petitioner/Accused

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AND

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The State SHO, III Town Police Station, Adoni, Rep. by its Public Prosecutor, High Court at Andhra Pradesh at Amaravathi.

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...Respondent

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Petition under Section 482 of BNSS and (438 of Cr.P.C)., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to issue a direction to the Respondent Police that in the event of arrest of the Petitioner/Accused he shall be released on bail in FI.R in Crime No.112/2024 of ill Town Police Station, Adoni, Kurnool District by grant Anticipatory Bail to the Petitioner.

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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 Matada Yuvasiva Swamy, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.

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The Court made the following ORDER:

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APHC010415312024

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

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[3327]

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THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

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CRIMINAL PETITION N0.945 OF 2025

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Between:

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B. Haroon Basha

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...PETITIONERS/ACCUSED

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AND

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The State of AP ...RESPONDENT/COMPLAINANT

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Rep. by its PP

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Counsel for the Petitioners/accused:

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MATADA YUVASIVA SWAMY

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Counsel for the Respondent/complainant;

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PUBLIC PROSECUTOR

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The Court made the following ORDER:

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This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused, seeking anticipatory bail, in connection^with Crime No.112 of 2024 of Adoni III Town Police Station,^Kurnool

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district, registered for the offences punishable under Sections 74, 118(1) and 79 of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioner, after arguing^forsome time, has confined his argument to the extent of protecting^the petitioner herein from the coercive action by the police on the ground 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 less than seven years.

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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 and as per the guidelines enunciated by the Hon’ble

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Supreme Court of India in Arnesh Kumar Vs. State of Bihar and

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another^.

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With the above directions, the Criminal Petition is disposed of. 7. As a sequel thereto, the miscellaneous petitions, if any,

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pending in this Criminal Petition, shall stand closed.

T (2014) 8 see 273

To,

//TRUE COPY//

Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR

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S N OFFieER

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The VII Additional Sessions Judge, Kurnool F.A.C. Court for Trial of Offences Under the Protection of Children form Sexual Offences

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(POCSO) Act 2012, Kurnool District.

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The Station House Officer III Town Police Station Adoni, Kurnool. 3. One CC to Sri Matada Yuvasiva Swamy, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]

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