Anticipatory bail granted with conditions; due process must be followed in investigations.

Order:

This Criminal Petition is filed by the petitioner/accused, seeking anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), in connection with Crime No.57 of 2025 on the file of Station House Officer, Devarakonda Police Station, Nalgonda District, registered for the offences punishable under Sections 112(1), 331(3), 305(a), 238, 317(2) of the Bharatiya Nyaya Sanhita (BNS).

2. Heard Mr. S.M.Saifulla, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent.

3. The case of prosecution in brief is that the de-facto complainant-Sheela Vasu lodged a complaint with the police stating that he went to visit his relatives in Star Hospital, Banjara hills, Hyderabad and asked his neighbor Gande Kavitha to watch his locked house and at about 11:30 hours he called her and then she observed and told that his house was locked and in the evening at about 4-00 p.m., his neighbor called him and told that his door lock was broken. Immediately he rushed to his house and noticed that some unknown offenders were entered into his and broke the door lock and committed theft of 5 tulas big gold chain, 6.5 tulas of two gold necklaces, 1.5 tulas gold bracelet, 2 tulas gold kankanam, 4 tulas of small gold rings, 7 grams of two gold rings, and net cash of Rs.10,000/- and decamped with stolen booty and the total value of stolen property worth is Rs.4,04,000/- Based on the said complaint, the present crime was registered for the aforesaid offences.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and his name was not included as accused either in the complaint or in the remand case diary. However, basing upon the confession statement given by accused Nos.1 and 2, the Police, Deverakonda insisted the petitioner to appear before them on the alleged ground that he purchased the stolen property from accused Nos.1 and 2. Even according to the confession statement given by accused Nos.1 and 2 or basing on the allegations made by the investigating officer, ingredients of Sections 112(1), 331(3), 305(a), 238 of BNS are not attracted against the petitioner and Section 317(2) of BNS is only applicable to the petitioner, which is punishable with imprisonment of less than years. In such circumstances, the investigating officer ought to have follow the procedure as contemplated under Section 41-A of the Criminal Procedure Code, 1973 ( Cr.P.C .)/Section 35(3) of BNSS and also the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar , [1(2014) 8 SCC 273]. He further submitted that the petitioner is not having any criminal antecedents and he is ready and willing to cooperate with the investigation and also the conditions, which are going to be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submitted that the investigation is under progress and therefore, the petitioner is not entitled for anticipatory bail at this stage. However, he submitted that the investigating officer will follow the procedure as contemplated under Section 41-A of the Criminal Procedure Code, 1973 ( Cr.P.C .)/Section 35(3) of BNSS .

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that as on today the petitioner is not added as accused in crime No.57 of 2025. Even according to the averments made in the present criminal petition as well as the instructions furnished by the Sub-Inspector of Police, Deverakonda Police Station dated 15.04.2025, it reveals that there are no specific allegations levelled against the peti