Attipatia Swathi Vs The State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2026)

Attipatia Swathi Vs The State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner/A.2 in connection with Crime No.288 of 2025 of Cyber Crime Police Station, Visakhapatnam, with directions that any coercive action be preceded by compliance with Section 35(3) BNSS and the Arnesh Kumar guidelines, that the investigation may proceed in accordance with law, and subject to the condition that the petitioner appear before and co-operate with the investigating agency as and when required till completion of investigation. Pending applications, if any, stand closed.

Issue for consideration

Whether the petitioner/A.2 is entitled to anticipatory bail in the event of arrest in connection with Crime No.288 of 2025 of Cyber Crime Police Station, Visakhapatnam. +1 more

Court's answer

The Criminal Petition is disposed of granting anticipatory bail to the petitioner/A.2.

Ratio / Principle

The Investigating Officer is at liberty to complete the investigation in accordance with law.

Key takeaways

In the event of any coercive action against the petitioner/A.2, the concerned police authorities must scrupulously follow the procedure prescribed under Section 35(3) of BNSS (pari materia to Section 41-A CrPC) and the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar's case.ratio¶29
The petitioner shall appear before the investigating agency as and when required till completion of investigation and shall co-operate with the investigating agency.ratio¶30

Detailed headnote1 paragraphs

Anticipatory bail – Single Judge, High Court of Andhra Pradesh at Amaravati – Petition under Section 482 BNSS by A.2 in Crime No.288 of 2025 (Cyber Crime Police Station, Visakhapatnam Commissionerate), alleging offences punishable under Sections 112(1), 319(2), 318(4) r/w 61(2) BNS, 2023 and Sections 66-C and 66-D of ITA-2000-2008 – Counsel confined the prayer to protection from coercive action, the offences alleged being punishable with imprisonment of less than seven years – Petition disposed of granting anticipatory bail – Investigating Officer free to complete investigation in accordance with law – Before any coercive action, police directed to scrupulously follow Section 35(3) BNSS (pari materia to Section 41-A CrPC) and the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 – Petitioner to appear before and co-operate with the investigating agency as and when required till completion of investigation – Pending applications closed.

APHC010003672026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3396]

TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 58/2026

Between:

ATTIPATIA SWATHI, W/O RAVIPATI MADHUBABU, AGE 27 YEARS, R/O PEDAPARIMI VILLAGE, THULLUR MANDAL,GUNTUR DISTRICT. ...PETITIONER/ACCUSED

AND

THE STATE OF ANDHRA PRADESH, , Rep. by its PublicProsecutor, High Court of Andhra Pradesh at Amaravathi through Cyber Crime Police Station,Visakhapatnam Commissionerate.

...RESPONDENT/COMPLAINANT

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.288 of 2025, dated 2512-2025 of Cyber Crime Police Station, Visakhapatnam Commissionerate, in the interest of justice and pass

Counsel for the Petitioner/accused:

1.ATCHUTANANDA DONDETI

Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR

2

The Court made the following:

ORDER :

This instant Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/A.2 to grant anticipatory bail to her in the event of her arrest in connection with Crime No.288 of 2025 of Cyber Crime Police Station, Visakhapatnam, for the offences punishable under Sections 112(1), 319(2), 318(4) read with 61(2) of BNS, 2023 and Sections 66-C and 66-D of ITA- 2000-2008

When the matter is taken up for hearing, learned counsel for the Petitioner, after arguing for some time, has confined the argument to the extent of protecting the Petitioner 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 BNSS, 2023 and would submit that this Criminal Petition may be disposed of granting protection to the Petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar¹ .

On the other hand, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, did not oppose the said submission and concurred with the submission made by the learned counsel for the petitioner and would submit that necessary direction may be given to the concerned Station House Officer.

1 (2014) 8 SCC 273

3

Considering the submissions made, this Criminal Petition is disposed of

granting anticipatory bail to Petitioner /A.2 with the following;

a) Investigating Officer is at liberty to complete the investigation, in accordance with law.

b) In the event of any coercive action sought to be taken against the Petitioner/A.2, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra).

c) Petitioner shall appear before the investigating agency as and when required till completion of investigation and shall co-operate with the investigating agency.

Pending applications, if any, shall stands closed.

Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA

20.01.2026 Mjl/*

4

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Criminal Petition No. 58 of 2026

20.01.2026

Mjl/*