Manda Shyam 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.2751 of 2026 DATE: 05.03.2026 BETWEEN:

Manda Shyam and another .....petitioners/Accused Nos.1 and 2 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

.....Respondent/complainant

ORDER

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 are arrayed as accused Nos.1 and 2 in Crime No.54 of 2026 before the

Subedari Police Station, Hanumakonda, registered for the offences punishable under Sections 108 r/w 3(5) of BNS. 2.

The brief facts of the case are that the de facto complainant lodged a report dated 10.02.2026 alleging, that the deceased left the house on the same day due to the harassment and abetment by the petitioners/Accused Nos.1 and 2 and also Accused No.3, and thereafter the deceased committed suicide. It is further alleged that in the year 2019 the deceased borrowed a sum of Rs.8,00,000/- from petitioner No.2 on interest at the rate of 10%. The complainant stated that though the deceased had paid a total amount of about Rs.30,00,000/- towards the said loan, the petitioners continued to demand further payment. It is also alleged that the amount was taken on behalf of the deceased by one Gaddam Ravinder and that the deceased had paid an additional amount of Rs.9,00,000/-. When the deceased questioned the illegal demand, the petitioners allegedly threatened him with dire consequences. Due to which the deceased committed suicide. Hence complainant requested the police to take necessary action basing on which the present compliant was registered against the accused for the above offence.

3.

Heard Sri A.Prabakar Rao, learned counsel appearing on behalf of the petitioners as well as Sri M.Rama Chandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioner is innocent and have been falsely implicated in the present case the only allegation against the petitioners is that theyi demanded the repayment of the alleged loan amount. However, in order to avoid repayment of the said amount the de facto complainant has lodged this complaint. However, the allegations made in the Report are false and baseless. They do not satisfy the essential ingredients required to constitute an offence punishable under Section 108 of the BNS. Hence, it is prayed that this Court may be pleased to grant pre-arrest bail to the petitioners by allowing the present Criminal Petition. 5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners, contending that the averments in the complaint clearly disclose specific allegations against the petitioners. It is alleged that the petitioners threatened the deceased stating that they would kill him and his family members and that they would not allow the post-mortem

report to come out. He further contended that in view of the serious allegations made in the complaint, the petitioners are not entitled to be granted anticipatory bail and the investigation is still in progress, petitioners are not entitled to pre-arrest bail and prayed to dismiss the present Criminal Petition.

6.

In light of the submissions made by both learned counsel and upon perusal of the material available on record, the petitioners herein had lent a loan to the deceased. However, even after repaying the excess amount towards the said loan by the deceased, the petitioners continued to harass him and threatened him by demanding further payment and insisting upon payment of interest at the rate of 10%. Unable to bear such harassment and threats, the deceased ultimately committed suicide. Considering the allegations against the petitioners, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.

The petitioners shall surrender before the Station House Officer, Subedari Station, Hanumakonda Commissionerate, 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/-, each with two sureties, for the like sum each.

ii.

The petitioners shall abide by the other conditions stipulated in Section 482 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 Monday between 09:00 a.m, and 05:00 p.m., for a period of eight (8) weeks 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: 05.03.2026 SPD

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2751 of 2026 Date: 05.03.2026 SPD