t 321e I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 30274 OF 2026 Between: 1. Yetukuri Rajesh, S/o. Y.Devadanaiah, Aged about 41 yrs, Occ. Business, Rt/o H,No. 1-3l2, Thimmarayapahad Village, Chennaraopeta Mandal, Warangal District. 2, Yetukuri Rajitha, D/o Y. Devadanaiah, Aged about 39yrs, Occ. Business, Ri/o H.No. 'l -3l2, Thimmarayapahad Village, Chennaraopeta Mandal, Warangal District. ...PETITIONERS AND '1 . The State of Telangana, Rep. by its Principal Secretary, Department of Home, Hyderabad. 2. The Station House Officer, Domalguda Police Station, Hyderabad District. 3. Vesapogu Dayakar Rao, S/o not known, Aged about. Major, Occ. Director, New Edge Overseas Consultancy Pvt Ltd., FVo D.No.3-6-518, Flat No.208, Sai Pragathi Towers, Himayathnagar, Hyderabad. ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in trying to anest the Petitioners/A2 and 44 highhandedly in connection with Cr.No. 25212026 on the file of 2nd respondent Police Station without following the procedure contemplated under Sec.35 (3) of BNSS, and in contrary to the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar as illegal, arbitrary, unconstitutional and violation of Article 14 and 21 of constitution of lndia and consequenfly direct the 2nd respondent to follow the procedure contemplated U/Sec.3S (3) of BNSS, in relation to the cr No. 25212026 dated 27.07.2026 as against the petitioners/A2 and A4. l.A. NO: 1 OF 2026 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd Respondent to fc,llow the procedure contemplated U/Sec.35 (3) of BNSS and guidelines issued by the Hon'ble Apex court in Arnesh Kumar vs. state of Bihar in relation to cr.No. 252'2026, dt.27 07.2026 of Domalguda police Station, registered against the petitioner:;/A2 and 44 on the file of 2nd respondent,s potice station, pending disposal of ther above writ petition.

Counsel for the Petitioner: SRI SANJEEVA REDDy GARLAPATI Counsel for the Resprrndent Nos.1 & 2: AGp FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT.JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION N0.30274 of 2026 (CNR No. HBHC010625572026) DATE:11.09.2026 Between: Yetukuri Raj esh and another Petitioners AND The State ofTelangana and others Respondents :: ORDER:: This Writ Petition is filed seeking the following relief: "...to issue an apprapriate Writ, Order or Direction, more particularly one in the nature of Writ of mandomus, declaring the action of the 2'd resporulent in trying to drrest the Petitioners/A2 & A4 highhandedly in connection with respondent Police Station Cr.No.252/2026 on the file of ld without .following the procedur.e contemplated under Sec.35(j) of BNSS and in contrary tu the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar as illegal, arbitrary, unconstitutional and violation of Article I 4 and 2l of Constitution of India and consequentll' direct the 2nd respondent to follow the procedure contemplated U/Sec.j5(3) of BNSS in relation to the Cr.No.252/2026 dated 27.07.2026 as against the Petitioners/A2 & A4, and pass such other order or orders as this and proper in the circumstances of Hon'ble Court may deem /it the case ".

2. Ileard leamed counsel for the petitioners and leamed Assistant Government Pleader for Home, appearing for respondents No. I and 2. TMD,I wP 30274 2026 2 the petitioners submitted that the offences3. Leamed counsel for alleged against the petitioners are punishable with less than seven (07) years of impri:;onment and therefore, the respondent-police may be directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhjta, 2023, (for short, "BNSS") to the petitioners and lollow the guicclines issued by the Hon'ble Apex Court in Arnesh Kumar v. Stale of Bihorl 4. Leamed ,,\ssistant Govemment Pleader for Home submitted that since the ofl-ences alleged against the petitioners are punishable with less than seven t07) years of imprisonment, the respondent police will follow due pro(ess of law and issue notice under Section 35(3) of BNSS as well as the guidelines issued by the l-Ion'ble Apex Court in the case of Arnesh Kumar (ciled supra). 5. ln view thereof, this Court deems it fit and proper to dispose of this Writ Petition at the admission stage, with a direction to respondent authc'rities to issue notice to the petitioners under Section 35(3) of BNSS and to strictly follow the guidelines laid down by the ' (2014) 8 scc 27j TMDJ wP _3027 4 _2026 3 Hon'ble Supreme Court in the case of Arnesh Kumar (ciled supra) before taking any action against the petitioners.

above directions, this Writ Petition is disposed of. 6. With the There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed SD/. P.PRAMOD NAIK ASSISTANT REGISTRAR //TRUE COPY// G SECTION OFFICER To, of Home' Hyderabad' State of 1. The Principal Secretary, Department Telangana. 2. The Station House Officer' Domalguda Police Station' Hyderabad District' IOPUCI Advocate GARLAPATI' REDDY SANJEEVA SRI to CC One 3. of Telangana' at State Court for the High FOR HOME' GP to CCs Two 4. Hyderabad [OUTI 5. Two CD CoPies M BSR CC TODAY HIGH COURT DATED: 1110912026 1 H e S TA 14: aORDER 2UI6 oo t1 SEP 2o WP.No.30274 of 2026 .L t t gQ DF s A T c DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 116 3\ ,tt

t 321e I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 30274 OF 2026 Between: 1. Yetukuri Rajesh, S/o. Y.Devadanaiah, Aged about 41 yrs, Occ. Business, Rt/o H,No. 1-3l2, Thimmarayapahad Village, Chennaraopeta Mandal, Warangal District. 2, Yetukuri Rajitha, D/o Y. Devadanaiah, Aged about 39yrs, Occ. Business, Ri/o H.No. 'l -3l2, Thimmarayapahad Village, Chennaraopeta Mandal, Warangal District. ...PETITIONERS AND '1 . The State of Telangana, Rep. by its Principal Secretary, Department of Home, Hyderabad. 2. The Station House Officer, Domalguda Police Station, Hyderabad District. 3. Vesapogu Dayakar Rao, S/o not known, Aged about. Major, Occ. Director, New Edge Overseas Consultancy Pvt Ltd., FVo D.No.3-6-518, Flat No.208, Sai Pragathi Towers, Himayathnagar, Hyderabad. ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in trying to anest the Petitioners/A2 and 44 highhandedly in connection with Cr.No. 25212026 on the file of 2nd respondent Police Station without following the procedure contemplated under Sec.35 (3) of BNSS, and in contrary to the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar as illegal, arbitrary, unconstitutional and violation of Article 14 and 21 of constitution of lndia and consequenfly direct the 2nd respondent to follow the procedure contemplated U/Sec.3S (3) of BNSS, in relation to the cr No. 25212026 dated 27.07.2026 as against the petitioners/A2 and A4. l.A. NO: 1 OF 2026 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd Respondent to fc,llow the procedure contemplated U/Sec.35 (3) of BNSS and guidelines issued by the Hon'ble Apex court in Arnesh Kumar vs. state of Bihar in relation to cr.No. 252'2026, dt.27 07.2026 of Domalguda police Station, registered against the petitioner:;/A2 and 44 on the file of 2nd respondent,s potice station, pending disposal of ther above writ petition.

Counsel for the Petitioner: SRI SANJEEVA REDDy GARLAPATI Counsel for the Resprrndent Nos.1 & 2: AGp FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT.JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION N0.30274 of 2026 (CNR No. HBHC010625572026) DATE:11.09.2026 Between: Yetukuri Raj esh and another Petitioners AND The State ofTelangana and others Respondents :: ORDER:: This Writ Petition is filed seeking the following relief: "...to issue an apprapriate Writ, Order or Direction, more particularly one in the nature of Writ of mandomus, declaring the action of the 2'd resporulent in trying to drrest the Petitioners/A2 & A4 highhandedly in connection with respondent Police Station Cr.No.252/2026 on the file of ld without .following the procedur.e contemplated under Sec.35(j) of BNSS and in contrary tu the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar as illegal, arbitrary, unconstitutional and violation of Article I 4 and 2l of Constitution of India and consequentll' direct the 2nd respondent to follow the procedure contemplated U/Sec.j5(3) of BNSS in relation to the Cr.No.252/2026 dated 27.07.2026 as against the Petitioners/A2 & A4, and pass such other order or orders as this and proper in the circumstances of Hon'ble Court may deem /it the case ".

2. Ileard leamed counsel for the petitioners and leamed Assistant Government Pleader for Home, appearing for respondents No. I and 2. TMD,I wP 30274 2026 2 the petitioners submitted that the offences3. Leamed counsel for alleged against the petitioners are punishable with less than seven (07) years of impri:;onment and therefore, the respondent-police may be directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhjta, 2023, (for short, "BNSS") to the petitioners and lollow the guicclines issued by the Hon'ble Apex Court in Arnesh Kumar v. Stale of Bihorl 4. Leamed ,,\ssistant Govemment Pleader for Home submitted that since the ofl-ences alleged against the petitioners are punishable with less than seven t07) years of imprisonment, the respondent police will follow due pro(ess of law and issue notice under Section 35(3) of BNSS as well as the guidelines issued by the l-Ion'ble Apex Court in the case of Arnesh Kumar (ciled supra). 5. ln view thereof, this Court deems it fit and proper to dispose of this Writ Petition at the admission stage, with a direction to respondent authc'rities to issue notice to the petitioners under Section 35(3) of BNSS and to strictly follow the guidelines laid down by the ' (2014) 8 scc 27j TMDJ wP _3027 4 _2026 3 Hon'ble Supreme Court in the case of Arnesh Kumar (ciled supra) before taking any action against the petitioners.

above directions, this Writ Petition is disposed of. 6. With the There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed SD/. P.PRAMOD NAIK ASSISTANT REGISTRAR //TRUE COPY// G SECTION OFFICER To, of Home' Hyderabad' State of 1. The Principal Secretary, Department Telangana. 2. The Station House Officer' Domalguda Police Station' Hyderabad District' IOPUCI Advocate GARLAPATI' REDDY SANJEEVA SRI to CC One 3. of Telangana' at State Court for the High FOR HOME' GP to CCs Two 4. Hyderabad [OUTI 5. Two CD CoPies M BSR CC TODAY HIGH COURT DATED: 1110912026 1 H e S TA 14: aORDER 2UI6 oo t1 SEP 2o WP.No.30274 of 2026 .L t t gQ DF s A T c DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 116 3\ ,tt