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Judgment
Dr Venkata Jyothirmai Pratapa, J
The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who are arrayed as Accused Nos.4 and 5, seeking anticipatory bail in connection with Crime No.18 of 2026 of Anandapuram Police Station, Visakhapatnam Commissionerate, registered for the offences punishable under Sections 318(4) read with 3(5) of Bharatiya Nyaya Sanhita, 2023.
Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from 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 41A of Cr.P.C., (Section 35 of BNSS, 2023).
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 petitioners for the reason that the offence alleged is punishable with imprisonment of less than seven years.
Heard. Perused the material on record.
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 41A of Cr.P.C. (Section 35 of BNSS, 2023) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another (2014) 8 SCC 273.
With the above directions, the Criminal Petition is disposed of.
As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed.