Shiva Kyama v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1348 of 2026 DATE: 10.02.2026 BETWEEN:

Shiva Kyama and two others .....Petitioners/accused Nos.1 to 3 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

.....Respondent/complainant : O R D E R :

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioners, who were arrayed as accused Nos.1 to 3 in Crime No.6 of 2026 before the Vangoor Police Station, Nagarkurnool District, registered for the offences punishable under Sections 108, 352 and 79 read with 3(5) of BNS.

2. Heard Sri Kadire Ajith Reddy, learned counsel for the petitioners/accused Nos.1 to 3 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.

3. The case of the prosecution, in brief, is that, the de facto complainant lodged a report on 07.01.2026 alleging that petitioner/accused No.1, under the guise of love, used to harass the deceased. In the month of March and May, 2025, petitioner/ accused No.1 went to the college of the deceased and harassed her. When the deceased informed about the same to them, they dropped her out from studies and since then she is at home. Even then, petitioner/accused No.1 used to talk to the deceased through petitioner/accused No.2, who is their neighbor. On knowing the same, they have reprimanded petitioner/accused No.2 in the month of June, 2025 and they have informed about the acts of petitioner/accused No.1 to his mother i.e., petitioner/accused No.3. On 06.01.

2026, at Gram Panchayath Office, dispute arose between the parties with regard to the chit amount and petitioner/accused No.2 abused her in filthy language, keeping old grudges in mind. Thereafter, when she went to work at her farm, petitioner/accused No.2 went to her house and abused the deceased in filthy language and abetted her to die, due to which, the deceased committed suicide by hanging herself. Based on the said allegations, the present crime came to be registered.

4. The contention of learned counsel for the petitioners is that the petitioners were arrayed as accused No.1 to 3 in the aforesaid crime. He submits that the petitioners are innocent persons and there is no nexus between petitioner/accused No.1's love affair with the deceased and alleged suicide. Even according to the complaint, the said incident was occurred in the month of March, May and June, 2025. He further submits that except petitioner/accused No.2, petitioners/accused Nos.1 and 3 never went to the house of the deceased. There is no direct inducement on the part of the petitioners which had driven the deceased to commit suicide. The petitioners are ready to cooperate with the Investigating Agency. There is no requirement of custodial interrogation of the petitioners, and therefore, requested this Court to grant Anticipatory Bail to the petitioners.

5. On the other hand, learned Additional Public Prosecutor opposed the same and submits that the investigation is still ongoing, and that custodial interrogation of the petitioners is necessary for further progress and they have not yet received the PME report. At this stage, granting pre‐arrest bail to the petitioners does not arise, and hence, prayed to dismiss the Criminal Petition.

6. Considering the submissions made by both the parties and on perusal of the material on record, it is evident that the petitioner/accused No.1 is the son of petitioner/accused No.3 and petitioner/accused No.2 is neighbor of the deceased family. All the allegations in the complaint show that the petitioner/ accused No.2 abused the deceased on the date of alleged incident and abetted the deceased to commit suicide. Except these allegations, there are no other allegations made in the complaint. Having regard to the same, this Court is inclined to grant bail to the petitioners/accused Nos.1 to 3, subject to the following conditions:

(i) The petitioners/accused Nos.1 to 3 shall surrender before the Station House Officer, Vangoor Police Station, Nagarkurnool District, within two (2) weeks from today, and on such surrender, the petitioners shall be released on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum each.

(ii) The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya

Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

(iii) The petitioners shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m., and 05:00 p.m., or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.

7. Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 10.02.2026 mnv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1348 of 2026 ` Date: 10.02.2026 mnv