T. Sai Ashish Raju v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2282 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioner in Crime No.45 of 2025 before the Karimnagar Rural Police Station, Karimnagar District. 2.

The brief facts of the case are that the de facto complainant reported an incident on 01.02.2025, regarding the death of his daughter. She was a PG student at Prathima Medical College in Nagunur village. Allegedly, Dr. Ashish, a fellow student, had been harassing her, including slapping her two months prior. The complainant believes Ashish's actions led to his daughter consuming poison, resulting in her death on 01.02.2025, while undergoing treatment at Medi Cover Hospital in Karimnagar. 3.

Heard Sri K. Venumadhav, the learned counsel for the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent - State.

4.

Learned counsel for the petitioner submitted that the allegations against the petitioner do not constitute an offence, and the continuation

of criminal proceedings is an abuse of the court's process. Despite no allegations against the petitioner, the investigation officer is calling him for questioning. He further submitted that a WhatsApp message sent by the daughter of the de-facto complainant to the college dean and classmates does not mention the petitioner, instead expressing her agony against family relatives. He contended that the petitioner is a second-year MS-General Surgeon student was posted at Cancer Hospital, Warangal, in the month of January 2025. He further contended that there are no allegations against the petitioner in aiding or committing suicide. Therefore, he prayed the Court to grant prearrest bail to the petitioner by allowing this criminal petition. 5.

Learned Additional Public Prosecutor opposed grant of anticipatory bail to the petitioner stating that allegations leveled against the petitioner are serious in nature. He further submitted that the investigation is not yet completed and the Police are collecting the reasons with regard to the death of the deceased. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition. 6.

After considering the submissions made by both the learned counsel and reviewing the material available on record, although the name of the petitioner is not in the FIR, the police suspect his involvement in the death of the deceased. Considering that the

petitioner as a student and the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Karimnagar Rural Police Station, Karimnagar District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner 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.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J Date: 25.02.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2282 of 2025 Date: 25.02.2025 SAI