Criminal Procedure — Anticipatory Bail — Applicability of Section 35(3), Bharatiya Nagarik Suraksha Sanhita, 2023 —
Where the offence alleged is punishable with imprisonment up to seven years, the investigating officer is bound to follow the procedure prescribed under Section 35(3) BNSS, which mandates issuance of notice of appearance before arrest. The police are directed to scrupulously adhere to such procedure, in line with the principles laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
— Direction issued to follow Section 35(3) BNSS procedure; anticipatory bail petition disposed of accordingly.
Dowry Prohibition Act, 1961 — Ss. 3 and 4 — Read with IPC S. 498-A —
For offences punishable up to seven years, automatic arrest not permissible; procedure under Section 35(3) BNSS to be mandatorily followed.
Held:
Since the offence alleged is punishable with imprisonment up to seven years, the police shall follow the procedure under Section 35(3) of BNSS, 2023, as per the Arnesh Kumar guidelines. The petition disposed of with direction to follow due process.
Result:
Criminal Petition disposed of with directions
APHC010507562025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3548]
FRIDAY,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
CRIMINAL PETITION NO: 9970/2025
Between:
Pathan Imran Khan (a 1), ...PETITIONER/ACCUSED
AND
State ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1.BHOOMA MAHARSHI REDDY
Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR
The Court made the following:
ORDER:
Heard,
Sri B.Maharshi Reddy, learned counsel for the petitioner and learned
Assistant Public Prosecutor appearing for the Respondent-State.
1. This Criminal Petition under Section 482 of B.N.S.S., is filed by the
petitioner/accused seeking to grant anticipatory bail in Crime No.69 of 2024 of
Prathipadu Police Station, Guntur District, registered for the offence
punishable under Section 498-A IPC and under Sections 3 and 4 of Dowry
Prohibition Act.
2025:APHC:41221
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 petitioners 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. 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 another1
. The petitioners shall comply with the conditions, without
any default.
5. With the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_______________________
TUHIN KUMAR GEDELA, J
Date: 03.10.2025
SRT/KNN
1
(2014) 8 SCC 273
2025:APHC:41221
05
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
CRIMINAL PETITION NO: 9970/2025
03.10.2025
SRT/KNN
2025:APHC:41221
