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2026 Supreme(Online)(Tel) 19696
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. Tukaramji, J
Vangara Gopi Krishna – Appellant
Versus
State of Telangana – Respondent
CRIMINAL PETITION No. 9619 OF 2026
For the Appellants/Petitioners: Pulimamidi Rohith Reddy
For the Respondents: Syed Yasar Mamoon
In offences punishable by imprisonment of less than seven years, the court ensures the statutory safeguard of issuing a notice under Section 35(3) of the BNSS to prevent unwarranted coercive action, following the Arnesh Kumar guidelines.
Headnote:The petitioner approached the court under Section 482 of the Bharatiya Narik Suraksha Sanhita, 2023, seeking protection from coercive action. The petitioner was arrayed as accused in a case involving Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, where the alleged offences are punishable with imprisonment for less than seven years. The court found that no notice under Section 35(3) of the BNSS had been issued despite the nature of the punishment. The primary issue was whether the petitioner was entitled to the statutory safeguards of a notice under Section 35(3) of the BNSS given the punishment threshold for the alleged offences. The court reasoned that since the offences carry a sentence of less than seven years and the petitioner undertook to cooperate, the statutory safeguards should be extended to prevent unwarranted coercive action, adhering to the guidelines in Arnesh Kumar v. State of Bihar. With the above direction, this Criminal Petition is disposed of.
| Table of Content |
|---|
| 1. initiation of criminal petition for pre-arrest bail under bnss for dowry and bns offences. (Para 1 , 2) |
| 2. petitioner's plea for statutory notice under section 35(3) bnss to avoid coercive action. (Para 3 , 4 , 5) |
| 3. application of arnesh kumar guidelines and bnss safeguards for offences punishable by less than seven years. (Para 6 , 7 , 8) |
| 4. formal disposal of the criminal petition. (Para 9) |
ORDER
This Criminal Petition is filed under Section 482 of the Bharatiya Narik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of pre-arrest bail.
2. The petitioner is arrayed as accused No.1 in Crime No. 156 of 2026 of Yellandu Police Station, Bhadradri-Kohagudem District, facing accusations for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. Heard Mr. Pulimamidi Rohith Reddy, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-State.
4. Learned counsel for the petitioner submits that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. This concern arises from the fact that, despite the alleged offences being punishable with imprisonment for a term of less than seven years, the investigating police authority has not yet issued any notice under Section 35(3) of the BNSS. It is further submitted that the petitioner has no intention of evading the investigation and is willing to extend full cooperation to the authorities. In these circumstances, learned counsel, confining his prayer to this limited extent, seeks a direction to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35(3) of the BNSS, thereby protecting the petitioner from any unwarranted coercive action.
5. Learned Additional Public Prosecutor opposed the petition. However, no explanation has been offered as to the reason for not issuing a notice to the petitioner under Section 35(3) of the BNSS.
6. I have perused the materials on record.
7. Having regard to the fact that the offences alleged against the petitioner are punishable with imprisonment for a term of less than seven years, without expressing any opinion on the merits of the case and leaving all issues open to be examined by the Investigating Agency during the course of investigation, this Court deems it appropriate to extend to the petitioner the statutory safeguards contemplated under Section 35(3) of the BNSS, particularly, in view of the petitioner's categorical undertaking to participate in and fully cooperate with the investigation.
8. Accordingly, the petitioner is directed to appear before the Station House Officer, Yellandu Police Station, Bhadradri Kothagudem District, within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue a notice to the petitioner under Section 35(3) of the BNSS in connection with FIR No. 156 of 2026 and shall thereafter proceed strictly in accordance with law, duly adhering to the principles and guidelines enunciated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar , (2014) 8 SCC 273. The petitioner shall, in turn, extend full cooperation to the Investigating Officer during the course of investigation.
9. With the above direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.
