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CDJ 2026 TSHC 095 print Preview print Next print
Court : High Court for the State of Telangana
Case No : Criminal Petition No. 2903 of 2026
Judges: THE HONOURABLE MRS. JUSTICE K. SUJANA
Parties : Mohammad Imran Versus The State of Telangana, Rep. by its Public Prosecutor, Hyderabad
Appearing Advocates : For the Petitioner: Soma Ravi Kiran Reddy, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 05-03-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 11 PCAA
- Section 35 (3) of BNSS (previously Section 41-A of Cr.P.C.)

2. Catch Words:
- Pre‑arrest bail
- Investigation procedure
- Arnesh Kumar guidelines

3. Summary:
The petitioner, accused No.4 in Crime No.230 of 2025, filed a criminal petition under Section 482 of the BNSS seeking pre‑arrest bail. The Court, after hearing counsel for both sides, noted that the alleged offences carry a maximum punishment of less than seven years. Instead of granting bail, the Court directed the petitioner to appear before the Investigating Officer by 25‑03‑2026 and instructed the officer to follow Section 35(3) of the BNSS and the Supreme Court’s Arnesh Kumar guidelines. The petitioner was required to cooperate, submit his defense, and provide necessary documents for the investigation. Consequently, the petition was disposed of, and any pending miscellaneous applications were closed.

4. Conclusion:
Petition Dismissed
Judgment :-

1. This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.4 in Crime No.230 of 2025 before the Neradigonada Police Station, Adilabad District, registered for the offences punishable under Sections 11 PCAA.

2. Heard Sri S.Ravi Kiran Reddy, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

3. Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 25.03.2026 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously Section 41-A of Cr.P.C.) and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273) scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

4. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.
 
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