Hanmagalla Raghavender v. The State Of Telangana
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2572 OF 2026 DATE :03.03.2026 Between :
Hanmagalla Raghavender and others ... Petitioners/Accused Nos.1 to 3 And The State of Telangana, through Through the SHO, P.S. Maheswaram, Future City District, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad ... Respondent : ORDER :
This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, by the petitioners/Accused Nos.1 to 3 seeking anticipatory bail in connection with Crime No.68 of 2026 of Maheswaram Police Station, Future City District. The offences alleged against the petitioners are under Sections 108 and 352 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.
2.
The facts of the case are that the de-facto complainant lodged a complaint before police on 11.02.2026 stating that the deceased is his wife and during the year 2025 they along with other villagers participated in an election campaign on behalf of one party. On that day, during the evening campaign, A-3/wife
of A-2 lost her 'Pusthela Thadu'. They suspected that the wife of defacto complainant has taken the said Gold chain. Based on the suspicion, A-1 to A-3 picked up a quarrel with the deceased and abused her in filthy language. Despite of her repeatedly stating that she had not taken the Gold chain and that she had no knowledge about the same, accused did not believe her and continued to harass and insult her. Unable to bear the humiliation and harassment, she consumed tablets at home in an attempt to commit suicide. She was immediately shifted to hospital and survived. Later also again the accused harassed the deceased stating that she committed theft of Gold chain and insisted for recovery of the same and a Panchayat was also held in the presence of elders, wherein also accused abused the deceased in filthy language.
Due to the continuous harassment of petitioners/A-1 to A-3, deceased committed suicide by hanging herself and they are responsible for the same. Hence, he requested the police for taking necessary action, basing on the same, Police registered the case against the accused for the above offences.
3.
Heard Sri N.N. Somendra Reddy, learned counsel for the petitioners as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent-State.
4.
The contention of learned counsel for the petitioners is that petitioners are innocent of the said allegations. He further submitted that though the allegations leveled against the petitioners are taken into consideration it does not amount to abatement to commit suicide for the offence under Section 108 of BNS. He further contended that mere asking for Gold chain not amounts to abatement to commit suicide and there is no mens rea on the part of the petitioners / A-1 to A-3, therefore, custodial interrogation of petitioners is not required. He further submitted that the petitioners are ready to cooperate with the investigation and prayed this Court to grant anticipatory bail to the petitioners.
5.
On the other hand, learned Additional Public Prosecutor opposed bail stating that because of harassment of the petitioners deceased attempted to commit suicide on earlier occasion by consuming Tablets and this time she herself hanged, which itself shows the gravity of harassment made by the petitioners. Therefore, they are not entitled for anticipatory bail and as the investigation is not yet completed requested this Court to dismiss the petition.
6.
Considering the submissions made by both the parties and the material on record this Court observed that the
petitioners are alleged to be harassed the deceased on account of Gold chain, which was lost by petitioner No.3 / A-3 and there is a Panchayat also held in the presence of elders, wherein also they requested for recovery of Gold chain and it does not amount to harassment. In that view of the matter, this Court deems it fit to grant anticipatory bail to the petitioners subject to the following conditions:
i.
The petitioners shall surrender before the Station House Officer, Maheswaram Police Station, Future City District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioners on bail on their executing personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, for the like sum each.
ii. The petitioners shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.
iii. The petitioners shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 03.03.2026 PN
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2572 OF 2026 Date: 03.03.2026 PN