THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13699 of 2024

ORDER :

This criminal petition is filed by the petitioners/accused Nos.1 to 7 under Section 482 of Bharatiya Nagarik Suraksha Sanhitha (for short ‘BNSS’) seeking anticipatory bail in Crime No.374 of 2024 of P.S. Thangallapalli, registered for the offences punishable under Sections 318(4) and 112(2) r/w. 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’) and Section 7-A of the Essential Commodities Act, 1955.

2. Heard Sri Somavarapu Satyanarayana, learned counsel for petitioners and Mr. Syed Yasar Manoon, learned Additional Public Prosecutor appearing for the State and perused the record.

3. When the matter is taken up, it is submitted by the learned counsel appearing for petitioners that petitioner/accused No.1 was already arrested in another crime and an application for execution of P.T. Warrant is filed before the trial Court, to remand him in the present crime.

4. In view of the aforesaid submission, this Criminal Petition is dismissed insofar as petitioner/accused No.1 is concerned.

5. As far as petitioners/accused Nos.2 to 7 are concerned, since the punishment prescribed for the offences alleged against them are punishable with below seven years of imprisonment, this Court deems it appropriate to direct the petitioners/accused Nos.2 to 7 to appear before the Investigating Officer on or before 10.12.2024 in between 11.00 a.m. and 05.00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41- A of Cr.P.C.) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar and another scrupulously. However, the petitioners shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/ material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

1 (2014) 8 SCC 273

6. Accordingly, this Criminal Petition is disposed of.

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K. SUJANA Date: 02.12.2024 Note: Furnish C.C. tomorrow.

B/o.

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