Sri. Derangula Allaji alias Allaji Vs State of Telangana — Anticipatory Bail | Telangana HC (2025)

Sri. Derangula Allaji alias Allaji Vs State of Telangana — Anticipatory Bail | Telangana HC (2025)

What the court decided

AI extract

Outcome

No order granting anticipatory bail on merits; petition disposed of with directions: petitioner to appear before the Investigating Officer on or before 17.03.2025 and cooperate; Investigating Officer to follow Section 35(3) BNSS procedure (erstwhile Section 41A CrPC) and the Arnesh Kumar guidelines, consider the material furnished, and file the appropriate report before the learned Magistrate.

Issue for consideration

Whether the petitioner/accused should be released on bail in the event of his arrest (anticipatory bail) in connection with Crime No.02 12025 of Urkonda Police Station, Nagarkurnool District, and on what directions.

Court's answer

The Court proceeded without going into the merits of the case, reasoning that the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years.

Ratio / Principle

Since the petitioner had not yet been served with a notice under Section 35(3) BNSS, the Court deemed it appropriate to direct the petitioner to appear before the Investigating Officer on or before 17.03.2025 (during the stated hours) instead of adjudicating the anticipatory bail claim on merits.

Key takeaways

The Investigating Officer was directed to follow the procedure under Section 35(3) BNSS — previously Section 41A of the Code of Criminal Procedure — together with the guidelines formulated by the Supreme Court in Arnesh Kumar v. State of Bihar, scrupulously.ratio¶25
The petitioner is to submit his defence and cooperate with the Investigating Officer as and when required, furnishing information and producing relevant documents/materials, which the Investigating Officer shall consider before filing the appropriate report before the learned Magistrate concerned.ratio¶25

Detailed headnote1 paragraphs

Criminal Petition No.2680 of 2025 (K. Sujana, J.; High Court for the State of Telangana, order dated 06.03.2025): Anticipatory (pre-arrest) bail sought under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (cause title invokes Sections 437/438/439/482 Cr.P.C) by the accused in Crime No.02 12025 of Urkonda Police Station, Nagarkurnool District, registered for offences punishable under provisions of the BNS and the SC/ST enactment (specific section numbers illegible in source). Held: without going into the merits, and since the punishment prescribed for the alleged offences is less than seven (07) years and the petitioner had not yet been served with a Section 35(3) BNSS notice, the petitioner was directed to appear before the Investigating Officer on or before 17.03.2025; the Investigating Officer was directed to follow the Section 35(3) BNSS procedure (previously Section 41A CrPC) and the Arnesh Kumar v. State of Bihar guidelines scrupulously, and to consider the defence/materials furnished by the petitioner before filing the appropriate report before the learned Magistrate. Petition disposed of accordingly.

I

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE SMT JUSTICE,K, SUJANA

CRIMINAL PETITION NO: 2680 OF 2O25

Between

Sri. Derangula Allaji alias Allaji, S/o Thirumallaiah, Age.43 Yrs, Caste. Vaddera, Occ. BCVaddera, Occ. Stone work, R/o H.NO 2-1 18/ Chandrayanpally vlg of Charakonda Mandal, now at Kalwakurthy (8985202359)

...Petitioner/Accused

AND

State of Telangana, Through Public Prosecutor At High Court for the state of Telangana

... Res po nde nUCom pla ina nt

Petition under Section 437143814391482 of Cr.P.C praying that in the circumstances stated in the lzlemorandum of Grounds of Criminal petiticn, the High Court may be pleased to direct the Station House Officer, Urkonda police Station, Nagar kurnool District to release the petitioner/Accused on bail in the event of his arrest in connection with Crime.No.02 12025 of Urkonda police Station, Nagarkurnool District.

This Petition coming on for hearing, upon perusing the [\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S SRINIVASA CHARY, Advocate for the Petitioner and Mr. SYED YASAR MAfv'lOON, Additional Public Prosecutor (TG) on behalf of the Sole Respondent.

The Court made the following: ORDER

THE }{ONOURABLE SMT JUSTICE K.^SUJANI!,

( RIMINAL PETITION No.268O of 2O2S

ORAL ORDT)F

'I'lris t irninal Petition is hled under Secr io t 482 of Bharatiyr,r I'I 11 r :rk Suraksha Sanhita, 2023^(for short '3NSS')^for grant of pr(:-.r r est bail to the petitioner, who is arral^{e jzrs accused} in Crimt: lJc I of 2025 before the Urkonda^Po ic,;^Sl.ation, Nagarkurnool t^ristrict, registered for the olfences^{purrir;h,rbleunder} Sections llr2'j(^I , 1,),5(2), 352, 351(2), of BNS, Sectir:t.ts^{.ii1)fs) of} SC/ST (Po.\ , :t.

tlear I :lri S.Srinivas Chary, learned cortr.se [ 1or the petitionerr iLrrr liri Syed Yasar Mamoon learned Ad,litionai Public Proseculrrr f, rr r r:spondents - State.

I I

Will-r rr going into the merits of the casr:, since the punishnrcn t rcscribed for the offences allegcd agair.st the petitiont:r' i ; i, r,r; than seven (O7) years, and if thc p,:t itionel: is not yet served v, i I the notice under Section 35 (3) ol t'-re Bharatiya Nagarik Su r:r -rha Sanhita (for short'BNSS), thrs (lcurt deems it approprrat(, r direct the petitioner to appeilr- trefot'r-' the Investigatir151 . fficcr on or before 17 .O3.2O25 bt:trveer 1:OO a.m. and 05:00 I r ,^{and in [urn, the InvestigatingO ifice r is ,]irccted to} follow thr: p^-c :,.clure laid down under Section 3- (3t -,f ihc BNSS,

2

It

previously section 41 A of Criminal procedure Code and also the guidellnes formulated by the Hon,ble Supreme Court of India in Arnesh Kumar u. Stqte of Bihart scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by [urn ishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Ofhcer shali consider the same before filing appropriate report before the learned Magistrate concerned.

4 Accordingly, the Criminal petition is disposed of.

Miscellaneous applications, if any pending, shall also stand

closed

SD/- K. AMMAJI ASSISTANT REGISTRAR

//TRUE COPY//

&R'V-SECTION OFFICER

To,

The Principal Judicial Magistrate^{of First Class at Kalwakurthy}

The Station House Officer,^{Urkonda Police Station, NagarkurnoolDist}

Two CCs to the Public Prosecutor,^{High Court at Hyderabad. (OUT)}

One CC to SRl. S SRINIVASA CHARY^Advocate [OPUC]

Two CD opres

RCPSL

' lzot+; a scc zt,r

HIGH COUR'T

DATED:^06/0:];?025

ORDER

CRLP.No.26{tlt^{of 2025}

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ACCORDiNGLY, THE CRIMTNAL PETI ION IS
DISPOSED OF
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