IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2095 of 2026 DATE : 19.02.2026 Between:

Sri Orusu Sai Mallu @ Mallesh.

…Petitioner/Accused No.4 AND The state of Telangana, Through PS Ramareddy, Rep. by Public Prosecutor, High Court at Hyderabad.

…Respondent

ORDER:

This Criminal Petition is filed under Section

482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.4 seeking to enlarge him on Anticipatory Bail in the event of their arrest in Crime No.9 of 2025 of Ramareddy Police Station, Kamareddy District registered for the alleged offences punishable under Sections 288 of the Bharatiya Nyaya Sanhita (for short ‘BNS’), under Sections 9(B)(1)(b), 9(B)(1)(b)(c) and Sections 4 and 5 of the Explosive Substances Act, 1908.

2. Heard Sri K. Rajashekar, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent -

State.

3. Learned counsel for the petitioner submitted that the petitioner herein is no way connected with the offences as alleged and the Sections 4 and 5 of the Explosive Substances Act, 1908 is not applicable to the petitioner, and the alleged offences are below seven years, as such, prayed the Court to grant pre- arrest bail to the petitioner by allowing this criminal petition.

4. On the other hand, learned Additional Public Prosecutor opposed the same.

5. In view of the rival submissions made both the learned counsel, the allegations against the petitioner does not constitute offence under Sections 4 and 5 of the Explosive Substances Act, 1908. Therefore, without going into the merits of the case, since the punishment prescribed for the remaining offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 05.03.2026 between 11:00 a.m. and 05:00 p.m. and inturn 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 in Arnesh Kumar v. State of Bihar 1 scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in

1 (2014) 8 SCC 273

concluding the investigation. The petitioner shall file all the documents, which he ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate. 6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.

_______________

K. SUJANA, J Date: 19.02.2026

SRK

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2095 of 2026 Date: 19.02.2026

SRK