High CourtsSingle Bench

Mallisetty Siva Sankar vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 5 June 2025 · Citation: (2025) 06 AP CK 0131

HON’BLE JUDGES
Maheswara Rao Kuncheam, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 35(3), 482 · Bharatiya Nyaya Sanhita, 2023 — Section 329(3) · Prevention Of Damage To Public Property Act, 1984 — Section 329(3)
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No: 5719 Of 2025
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Judgment

8 paragraphs · 238 words

Maheswara Rao Kuncheam, J

1.

This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/accused seeking to grant anticipatory bail in Crime No.76 of 2025 of Podalakur Police Station, Sri Potti Sriramulu Nellore District, registered for the offence punishable under Section 329(3) of BNS & Section 3 of PDPPA.

2.

Learned counsel for the petitioner submits that the offence alleged is punishable with imprisonment up to 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 offence alleged is punishable with imprisonment up to seven years and undertakes to issue notice under Section 35(3) of the BNSS.

4.

Heard. Perused the material on record.

5.

Since the offence alleged is punishable with imprisonment up to 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 (2014) 8 SCC 273. The petitioner shall comply with the conditions, without any default.

6.

With the above directions, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.