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2025 Supreme(Online)(Tel) 14749
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
Hemant Matta – Appellant
Versus
The State of Telangana – Respondent
Criminal Petition No.8078 of 2025
For the Appellants/Petitioners: Mr. V.Rajashekar Reddy
For the Respondents: Mr. Syed Yasar Mamoon
The court clarified the obligations of the petitioner to cooperate with the ongoing investigation under specified legal provisions.
Headnote:This Criminal Petition seeks anticipatory bail under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The petitioner's cooperation with the investigation was highlighted, as well as counsel submissions regarding his willingness to appear before the investigating officer. The court directed the petitioner to appear by a specified date and detailed the conditions for cooperation with the investigation.
| Table of Content |
|---|
| 1. legal basis for anticipatory bail is outlined. (Para 1 , 3) |
| 2. counsel submits willingness to cooperate. (Para 2 , 4) |
| 3. court mandates cooperation and sets timeline. (Para 5 , 6 , 7) |
| 4. overall petition is disposed with conditions. (Para 8) |
Order
:
This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner, who is arrayed as accused No.7 in Crime No.1420 of 2025 of Cyber Crimes Police Station, Cyberabad, registered for the offences punishable under Sections 318(4), 319(2), 338 and 340(2) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’) and Section 66D of Information Technology Act, 2000 .
2. Heard Mr. V.Rajashekar Reddy, learned counsel for the petitioner/accused No.7 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.
3. During the course of hearing, learned Additional Public Prosecutor submits that the offences levelled against the petitioner/accused No.7 are punishable with an imprisonment of less than seven years and the investigating officer had already issued notice under Section 35(3) of BNSS to the petitioner on 27.06.2025. However, the petitioner has not appeared and submitted his explanation and he is not cooperating with the investigating officer for investigation.
4. Learned counsel for the petitioner submits that the petitioner is ready and willing to appear before the concerned Station House Officer pursuant to the notice issued to him under Section 35(3) of BNSS and he will submit an explanation and cooperate with the investigating officer for investigation.
5. In view of the same, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused No.7 to appear before the investigating officer on or before 24.07.2025. On such appearance of the petitioner/accused No.7, the investigating officer shall scrupulously follow the procedure contemplated under Section 35(3) of BNSS and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar , [1(2014) 8 SCC 273]
6. It is made clear that the petitioner/accused No.7 shall cooperate with the investigating officer for the investigation and make himself available to the investigating officer as and when required and also provide the information/documents as sought by him to conclude the investigation.
7. If the petitioner/accused No.7 fails to cooperate with the investigating officer for investigation, the investigating officer is at liberty to take action against the petitioner/accused No.7 in accordance with law.
8. Subject to the above directions, the Criminal Petition is disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
