Mr. Sailu Songa vs The State Of Telangana

This Criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking the relief of anticipatory bail.

The petitioner is Accused in Crime No. 106 of 2026 of Tekmal Police Station, Medak District, registered for the offences punishable under Sections 75(2), 127(2), 135 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

Heard Mr. Dasari Krishna Reddy, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent State.

Learned counsel for the petitioner submits that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. This concern arises from the fact that, despite the alleged offences being punishable with imprisonment for a term less than seven years, the investigating police authority has not yet issued any notice under Section 35(3) of the BNSS. It is further submitted that the petitioner has no intention of evading the investigation and is willing to extend full cooperation to the authorities. In light of these circumstances, learned counsel limiting his pleading to this extent prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35(3) of the BNSS, thereby safeguarding the petitioner from any unwarranted coercive measures.

Learned Additional Public Prosecutor opposed the petition. However, no explanation has been offered as to the reason for not issuing a notice to the petitioner under Section 35(3) of the BNSS.

I have perused the material on record.

Considering that the alleged offences are punishable with imprisonment for a term less than seven years, and in view of the petitioner's willingness to participate in the investigative process, without entering into merits and keeping all prerogatives of the Investigation open, the petitioner is directed to appear before the Station House Officer (SHO), Tekmal Police Station, Medak District, within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue notice to the petitioner under Section 35(3) of the BNSS, in connection with Crime No. 106 of 2026 and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. Simultaneously, the petitioner is directed to extend full cooperation to the Investigating Officer during the course of the investigation.

With the above direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.