THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.9639 of 2025

ORAL ORDER:

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.2 in connection with FIR No.40 of 2025 before the Gadiguda Police Station, Adilabad District, registered for the offences punishable under Sections 318(4), 316(5) and 336(1)

of BNS.

2. Heard Sri S.Ravi Kiran Reddy, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor, appearing for respondent – State.

3. Learned counsel for petitioner submitted that earlier this petitioner filed WP.No.21737 of 2025 wherein, this Court directed the respondents therein to serve notice under Section 35(3) of BNSS on the petitioner and to conduct investigation strictly in accordance with law, but when petitioner approached the investigating Officer, he was not served with notice under Section 35(3) of BNSS. Therefore, prayed this Court to pass necessary directions with regard to serving notice to the petitioner.

4. Learned Additional Public Prosecutor, submitted that this Court may direct the investigating Officer to serve notice to the petitioner under Section 35(3) of BNSS.

5. Having regard to the rival submissions made, on going through the material placed on record, it is noted that if the investigating Officer has not served the notice to petitioner yet, the petitioner is directed to appear before the Investigating Officer on or before 19.08.2025 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 the BNSS, previously Section 41-A of Criminal Procedure Code and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioner shall submit his 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.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 12.08.2025 PT