Padma @ Bauthu Padma & Ors. vs The State Of Telangana & Anr.

This Criminal Petition is filed seeking to quash the proceedings in FIR No.400 of 2026, on the file of the Karimnagar-II Town Police Station, Karimnagar District, wherein the petitioners were arrayed as accused Nos.1 to 4, for the offences punishable under Sections 118(1), 115(2), 329(2), 351(2), 292 r/w. 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

Heard Mr.T.Ramachander Rao, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

Learned counsel for the petitioners seeks permission of this Court to withdraw the present criminal petition insofar as petitioner Nos.3 and 4 are concerned, with liberty to avail alternative remedies available under law.

In view of the said submission, the present criminal petition is dismissed as withdrawn in respect of petitioner Nos.3 and 4, granting liberty as sought for.

Learned counsel for the petitioners submitted that the petitioner Nos.1 and 2 have not committed the alleged offences and have been falsely implicated in the present crime, only on the ground that they were present at the scene of offence along with accused Nos.3 and 4. Even according to the allegations made in the complaint, the ingredients of the alleged offences are not attracted against the petitioners and the offences levelled against the petitioners are punishable with imprisonment of less than seven years. The Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and without following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, is proceeding further in the matter and the same is contrary to law.

During the course of hearing, learned counsel for the petitioners placed a copy of the remand case diary dt.29.07.2026, wherein the Investigating Officer specifically mentioned that the petitioner Nos.1 and 2 are liable for the offences under Sections 115(2), 329(2), 292, 351(2) r/w. 3(5) of the BNS and petitioner Nos.3 and 4 are liable for the offences under Sections 118(2), 115(2), 329(2), 292, 351(2) r/w. 3(5) of the BNS.

Learned Additional Public Prosecutor submitted that though initially the crime was registered for the offences under Sections 118(1), 115(2), 329(2), 292, 351(2) r/w. 3(5) of the BNS, subsequently, basing on the medical evidence, the offences were altered to 118(2), 115(2), 329(2), 292, 351(2) r/w. 3(5) of the BNS. Section 118(2) of BNS was registered against petitioner Nos.3 and 4. He did not dispute that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. He further submitted that the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Apex Court in Arnesh Kumar (supra), and the petitioners shall be directed to cooperate with the Investigating Officer.

Learned counsel for the petitioners submits that petitioner No.3 lodged a complaint against the respondent No.2 and 5 others on 12.07.2026. Basing on the said complaint, case was registered in Crime No.399 of 2026 for the offences under Sections 118(1), 115(2), 329(2), 292, 351(2) r/w. 3(5) of the BNS. Subsequent to registration of the said crime, respondent No.2 filed the present complaint as a counter blast against the petitioners, which is a clear abuse of process of law.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record and remand case diary dt.29.07.2026, it reveals that the offences levelled against the petitioner Nos.1 and 2 are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra).

In view of the above, the petitioner Nos.1 and 2 are directed to appear before the Investigating Officer on or before 08.08.2026 and submit reply-explanation along with the documents, which are available with him, to the Investigating Officer. The Investigating Officer is entitled to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra).

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.