Bathula Venkata Nageswara Rao, vs The State of Andhra Pradesh,

THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY Criminal Petition No.2977 of 2023 Order:- This Criminal Petition, under Section 438 Cr.P.C., is filed on behalf of the petitioners/A1 and A2, seeking anticipatory bail, in connection with Crime No.301 of 2023 of Nallapadu Police Station, Guntur District, registered for the offence punishable under Section 420 IPC.

2.

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 offence alleged is 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.

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 petitioners for the reason that the offence alleged is punishable with imprisonment of less than seven years.

4.

Heard.

Perused the material on record.

5.

Since the offence alleged is punishable with imprisonment of less than seven years, this Court directs the police to follow the 2 procedure as contemplated under Section 41A of Cr.P.C. scrupulously as per the guidelines enunciated in Arnesh Kumar Vs.

State of Bihar and another1.

6.

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

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ______________________________ JUSTICE K.

SREENIVASA REDDY Date: 01.05.2023 Nsr/Mkk 1 (2014) 8 SCC 273 3 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY Criminal Petition No.

2977 of 2023 Date: 01.05.2023 Nsr/Mkk