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High Court for State of TelanganaCRLP/2954/2025allowed no costs

Shyaga Yellaiah, v. The State Of Telangana,

2025-03-07K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2954 of 2025 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioners in Crime No.47 of 2025 of Mustabad Police Station, Rajanna Sircilla District. 2.

The brief facts of the case are that the deceased and her husband i.e., de-facto complainant borrowed some amount from the accused persons in order to meet her financial needs. It is stated that the deceased committed suicide due to intolerable harassment by the accused for repayment of the said borrowed amount. Hence, a case was registered vide Crime No.47 of 2025 of Mustabad Police, Rajanna Sircilla District, for the offences punishable under Section 108 of the BNS.

3.

Heard Ms P.Sree Ramya, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent.

4.

Learned counsel for the petitioners firstly submitted that the petitioners are innocent and they are no way concerned with the alleged offence. She secondly submitted that though there is no corroborative evidence, the petitioners are implicated in the case with false and fabricated allegations. She thirdly submitted that the petitioners neither abetted nor instigated the deceased to commit suicide. He lastly submitted that the petitioners are residents of Rajanna Sircilla District, with movable and immovable properties, and are willing to furnish sureties as directed and prayed the Court to grant of anticipatory bail to the petitioners by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that there are serious allegations against the petitioners and investigation is not yet completed and therefore, granting anticipatory bail to the petitioners, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and material available on record, it apparent that the petitioners neither abated nor insisted the deceased to commit

suicide. It is noteworthy that the petitioners have no intention to insist the deceased to commit suicide and they are only intending to receive the lent amount. It is pertinent to note that material part of investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioners.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioners in the event of her arrest subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer of P.S.

Mustabad, Rajanna Sircilla District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioners shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to

5:00 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 07.03.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2954 of 2025 Date: 07.03.2025 gms