Balaraju Kammari Kammari Balraj v. The State of Telangana
Case brief
What is this about?
The High Court of Telangana, via a common order, disposed of three writ petitions challenging arrests made by police in connection with FIRs registered following a caste-splintering incident involving the sprinkling of turmeric water. Applying the principles from Arnesh Kumar v. State of Bihar to offences punishable by less than or up to seven years imprisonment, the court directed police to issue notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of arresting the petitioners. The court emphasized that absent physical attacks, arrest was not mandatory when caste sentiments were hurt.
What did the court decide?
Directed police to issue notices under Section 35(3) of BNSS to petitioners and take action in accordance with law; directed police not to interfere with personal liberty or summon petitioners without justifiable cause; directed petitioners not to influence witnesses.