Telangana High Court
Sadik Khan vs The State Of Telangana on 10 July, 2026
Author: N.Tukaramji
Bench: N.Tukaramji
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.10249 OF 2026
DATE : 10.07.2026
Between:
Sadik Khan
...Petitioner
AND
The State of Telangana
...Respondent
ORDER:
This Criminal petition is filed under Section 482 of Bharatiya Nagarik
Suraksha Sanhita (for short ‘BNSS’), seeking grant of anticipatory bail.
2. Heard learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned
Additional Public Prosecutor appearing for the respondent-State.
3. The petitioner is arrayed as accused No.4 in FIR No.61 of 2026 on the file
of Chinthalamanepalli Police Station, Kumarambheem Asifabad District facing
accusations under Sections 317(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’),
Sections 11(1) (A), 11(D), 11(E) of Prevention of Cruelty to Animals Act, 1960
Sections 5, 6, 10 of Telangana Prohibition of Cow Slaughter and Animal
Preservation Act, 1977.
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4. Learned counsel for the petitioner submits that, although the petitioner is
fully willing to cooperate with the investigation, he entertains a reasonable
apprehension that coercive action may be taken against him. Such apprehension
arises notwithstanding the fact that the offences alleged against him are
punishable with imprisonment for a term of less than seven years and that the
Investigating Agency has not issued a notice under Section 35(3) of the BNSS. It
is further submitted that the petitioner has no intention of evading the
investigation and is ready and willing to participate in and extend full cooperation
to the Investigating Officer. In the aforesaid circumstances, learned counsel
confines the relief sought to a direction to the Investigating Agency to act 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. The learned Assistant Public Prosecutor opposed the petition. However,
no specific reason has been put forward for not issuing a notice to the petitioner
under Section 35(3) of the BNSS.
6. I have perused the material available on record.
7. Having regard to the fact that the offence alleged against the petitioner is
punishable with imprisonment for a term of less than seven years, and without
expressing any opinion on the merits of the case, this Court considers it
appropriate to extend to the petitioner the statutory safeguards envisaged under
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Section 35(3) of the BNSS, leaving all issues open to be examined by the
Investigating Agency during the course of the investigation, 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, Chinthalamanepalli Police Station, Kumarambheem Asifabad 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.61 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 this direction, this Criminal Petition is disposed of. Pending
miscellaneous applications, if any, shall stand closed.
_____________________
JUSTICE N.TUKARAMJI
Date: 10.07.2026
CHS
