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Judgment
This Criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking grant of anticipatory bail.
Heard Mr.D.Y.L.N.Charyulu, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.
The petitioners are arrayed as accused Nos.1 and 2 in Crime No.365 of 2026 on the file of the Suraram Police Station, Cyberabad, facing accusations under Sections 318(4), 336(3), 340 of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').
Learned counsel for the petitioners submits that, although the petitioners are fully willing to cooperate with the investigation, they entertain a reasonable apprehension that coercive action may be taken against them. Such apprehension arises notwithstanding the fact that the offences alleged against them are punishable with imprisonment for a term of less than seven years and that the Investigating Agency has not issued a notice under Section 35(3) of the BNSS. It is further submitted that the petitioners have no intention of evading the investigation and are ready and willing to participate in and extend full cooperation to the Investigating Officer. In the aforesaid circumstances, learned counsel confines the relief sought to a direction to the Investigating Agency to act in accordance with law by issuing a notice under Section 35(3) of the BNSS, thereby protecting the petitioners from any unwarranted coercive action.
The learned Additional Public Prosecutor opposed the petition and submitted that notice under Section 35(3) of the BNSS has been served on accused No.1. However, no specific reason has been put forward for not issuing a notice to the accused No.2 under Section 35(3) of the BNSS.
I have perused the material available on record.
Having regard to the fact that the offences alleged against the petitioners are punishable with imprisonment for a term of less than seven years and in view of the petitioners' categorical undertaking to participate in and fully cooperate with the investigation, without expressing any opinion on the merits of the case, this Court considers it appropriate to extend to the petitioners the statutory safeguards envisaged under Section 35(3) of the BNSS, leaving all issues open to be examined by the Investigating Agency during the course of the investigation.
Having regard to the submission that the petitioner No.1/accused No.1 has been served with notice under Section 35(3) of the BNSS, the petitioner No.2/accused No.2 is directed to appear before the Station House Officer, Suraram Police Station, Cyberabad within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue a notice to the petitioner No.2 under Section 35(3) of the BNSS in Crime No.365 of 2026 and shall thereafter proceed strictly in accordance with law, duly adhering to the principles and guidelines enunciated by the Hon'ble Supreme Court in Amesh Kumar v. State of Bihar, (2014) 8 SCC 273. The petitioner No.2 shall, in turn, extend full cooperation to the Investigating Officer during the course of investigation.
With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.