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Judgment
8 paragraphs · 240 wordsDr. Venkata Jyothirmai Pratapa, J
The instant Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused No.3 seeking anticipatory bail in connection with Crime No.5 of 2026 on the file of Sirivella Police Station, Nandyal District for the offences under Sections 191(2), 191(3), 121(1), 132 and 126(2) read with 190 of the Bharatiya Nyaya Sanhita, 2023.
Sri Varun Byreddy, learned counsel for the Petitioner would submit that the offences alleged against the Petitioner are punishable with less than seven years period of imprisonment and Police may be directed to follow the procedure contemplated under Section 35(3) of BNSS.
Sri K.Sandeep, learned Assistant Public Prosecutor fairly conceded the same and would submit that a direction may be given to the Police to follow the procedure contemplated under Section 35(3) of BNSS Act since the offences are punishable with an imprisonment of below seven years.
Considering the submissions, this Criminal Petition is disposed of 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, concerned Police Authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273.
Pending applications, if any, shall stands closed.