Kapil Ade vs The State Of Telangana & Ors.

This writ petition is filed by the petitioner challenging his arrest on 08.09.2026 in Crime No.265 of 2026 of P.S.Neradigonda, Adilabad District and consequential remand order dated 09.09.2026, on the ground that the respondents have not followed the law laid down by the Hon’ble Supreme Court in the case of Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) 5 SCC 799 and Mihir Rajesh Shah Vs. State of Maharashtra, reported in (2026) 1 SCC 500 and therefore, to release the petitioner and to pass such other order or orders.

The learned counsel for the petitioner submitted that the petitioner is an agriculturist and is not educated and the petitioner has been arrested on 08.09.2026 without serving the grounds of arrest on him and hence there is violation of Section 48 of the BNSS. It is further submitted that only notice under Section 36(b)(c) of BNSS was given at the time of remand and that too, in English and taking the same into consideration, the trial Court has issued a memo to SHO P.S.Neradigonda for non-service of grounds of arrest in Telugu language. Therefore, he submits that in spite of specific directions from the Hon'ble Supreme Court in the case of Vihaan Kumar Vs. State of Haryana and Another and Mihir Rajesh Shah Vs. State of Maharashtra, the respondent police have not followed the law and therefore, the arrest should be declared as void.

Mr.D.Pradeep, the learned Assistant Government Pleader for Home, on written instructions, submitted that the provisions of Sections 47 and 48 of BNSS have been complied with in this case before the arrest of the petitioner. The copies of the notices under Section 47 and 48 of BNSS are also enclosed with the written instructions.

On perusal of the documents filed along with the written instructions, it is noticed that the person who has been served with notice under Section 47 of the BNSS Act has put his finger impression and it is stated that he is the father-in-law of the petitioner, who is not an educated person and further that the notice under Section 48 of the BNSS Act served to one Mr.Rathod Vinesh, who has put his signature in Telugu and therefore, it appears that he might be not well-conversant with the English language.

In view of these facts and circumstances, it is clear that the recipients of notices under Sections 47 and 48 of the BNSS are not conversant with the English language and therefore, the respondents ought to have issued the copy of notices in the Telugu language or atleast ought to have recorded that the contents of the notices issued to recipients were explained in Telugu, but there is no such endorsement in these notices. Therefore, it is clear that the respondents have not issued the notices under Sections 47 and 48 of the BNSS in proper format. This Court, in similar circumstances in W.P.No.25648 of 2026, dated 05.08.2026, has granted interim release of the petitioners therein subject to certain conditions.

The learned counsel for the petitioner submitted that the petitioner is also ready to comply with any conditions imposed by this Court.

Having regard to the fact that the petitioner is an agriculturist and is not educated, this Court deems it fit and proper to dispose of the writ petition with a direction to the petitioner to execute a personal bond for a sum of Rs.50,000/- with two sureties for the likesum each to the satisfaction of the Judicial First Class Magistrate at Boath, Adilabad District and upon acceptance thereof, he shall be released forthwith, if his detention is not required in any other case. It is further directed that the petitioner shall appear before the Investigating officer on every Monday between 10 a.m., to 1 p.m., until further orders and shall cooperate with the investigation. The investigating agency is at liberty to continue with the investigation strictly in accordance with law.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.