IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.259 of 2026 Date:09.01.2026 Between:

Gummadi Gopal Reddy and 4 others …Petitioner/Accused Nos.1 to 5 And State of Telangana, Rep. by the Public Prosecutor, High Court for the State of Telangana, Hyderabad and another ... Respondents

ORDER:

This criminal petition is filed seeking to quash the proceedings against the petitioners-accused Nos.1 to 5 in Crime No.99 of 2025 on the file of the Station House Officer, Bownepally Police Station, Hyderabad, for the offences under Sections 329(3)

and 351(2) read with 3(5) of BNS.

2. Heard Mr.Shashank Garige, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. Learned counsel for the petitioners has submitted that the petitioner Nos.1 and 2 are served with notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) and that they have furnished their explanation also, and has sought for directions to the Police concerned to issue notice under Section 35(3) of BNSS to the petitioner Nos.3 to 5 also and to proceed with investigation by initiating the procedure laid down under Section 35(3) of BNSS.

4. Learned Additional Public Prosecutor has submitted to pass appropriate orders in the petition.

5. Perused the record.

6. The offences alleged against the petitioners are under Sections 329(3) and 351(2) read with 3(5) of BNS. Considering the submissions of the learned counsel for the petitioners and without going into the merits of the case and as the petitioner Nos.1 and 2 are already served with notice and they have also furnished their explanation, this Court deems it appropriate to direct the petitioner Nos.3 to 5 to appear before the Investigating Officer concerned on or before 06.02.2026 between 11.00 a.m.

and 5.00 p.m., and in turn, the Investigating Officer is directed to consider the explanation furnished by the petitioners and conclude the investigation by following the procedure laid down under Section 35 (3) of BNSS and the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar scrupulously and the petitioners are also directed to co-operate with the Investigating Officer and to furnish the requisite information and documents as and when required by him.

7. Accordingly, the Criminal Petition is disposed of with the above directions. Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA January 09, 2026 KTL

1 (2014) 8 SCC 273