The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.3535 of 2025
Order
:
This Criminal Petition is filed by the petitioners/accused No.3 & 4, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.113 of 2025 on the file of Sircilla town Police Station, Rajanna Sircilla District, registered for the offences punishable under Section 303 (2) Bharatiya Nyaya Sanhita (BNS) 3 PDPPA Act 1984.
2. Heard Mr. Y. Bala Murali, learned counsel for the petitioners and, learned Additional Public Prosecutor appearing for respondent/State.
3. During the course of hearing, it is brought to the notice of this Court that the offences leveled against the petitioners are punishable with an imprisonment of less than seven years.
4. In view of the same, without going into the merits of the case, this Court deems it appropriate to direct the petitioners to appear before the investigation officer on or before 22.03.2025. On such appearance of the petitioners, the investigation officer is directed to scrupulously follow the procedure contemplated under Section 41-A of the Criminal Procedure Code, 1973 (Cr.P.C.)/Section 35(3) of BNS and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar, [1(2014) 8 SCC 273]
5. It is made clear that the petitioners/accused Nos.3 & 4 shall cooperate with the investigation officer for the investigation and make themselves available to him as and when required and also provide the information/documents as sought by him to conclude the investigation.
6. If the petitioners/accused Nos.3 & 4 fail to cooperate with the investigation officer for investigation, the investigation officer is at liberty to take action against them in accordance with law.
7. Subject to the above directions, the Criminal Petition is disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
___________________ J.SREENIVAS RAO, J Date: 18.03.2025 Note:
Isue C.C. in two days (B/o)
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