LAWS(APH)-2024-12-7

SARIGINEEDI USHA RANI Vs. STATE OF ANDHRA PRADESH

Decided On December 10, 2024
Sarigineedi Usha Rani Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') has been filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.131 of 2024 of Narsapuram Town Police Station, West Godavari District registered for the offences punishable under Ss. 318 (4), 332 (c), 351 (2) read with 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity 'BNS').

(2.) Learned counsel for the petitioner/accused, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein/accused from the coercive action by 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 Sec. 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old provision Sec. 41A of the Code of Criminal Procedure, 1973).

(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/accused for the reason that the offences alleged are punishable with imprisonment of less than seven years.