Illendula Brahmaiah, 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.3495 OF 2026 DATE : 16.03.2026 Between :

Illendula Brahmaiah ...

Petitioner/A.2 And The State of Telangana, Rep., by Public Prosecutor, High Court Judicature for the State of Telangana at Hyderabad ... Respondent/ Complainant : ORDER :

This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') praying this Court to enlarge the petitioner on bail who is arrayed as accused No.2 in FIR No.80 of 2026 of Korutla Police Station, Jagitial District. The offences alleged against the petitioner are under Sections 85 and 108 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.

2.

The facts of the case are that on 03.03.2026 the defacto complainant lodged a complaint before police stating that the marriage of the deceased was performed with A.1 in the year 2013 and since then he has been harassing his daughter for dowry. The petitioner along with A.1 also harassed the deceased; that A.1 is also having extra-marital relationship with A.3 and when the deceased informed the petitioner, he also supported A.1 and also abatted the deceased to commit suicide. As such, requested the police for taking necessary action, basing on which the police registered the present crime against the accused for the above offences.

3.

Heard Sri Polampelli Raju, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations and there are no specific allegations against this petitioner to constitute the offence under Section 108 of BNS and there is no abatement by this petitioner. Petitioner is in jail from 05.03.2026 and that he is aged about 66 years. As such, requested this Court to grant regular bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed bail contending that the allegations against the petitioner are serious in nature and investigation is still pending. Hence, petitioner is not entitled to bail and prayed to dismiss this petition.

6.

Considering the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and upon perusal of the material available on record, the petitioner is in jail from 05.03.2026 and the allegation against him are that he supported A.1 when deceased approached him complaining about the extra marital relationship of A.1 with A.3. Considering the nature of allegations and also the period of incarceration of petitioner in jail, this Court deems it fit to grant regular bail to the petitioner subject to the following conditions :

i. The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Korutla.

ii. The petitioner shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii. The petitioner shall abide by the conditions stipulated in Section 483(2) of the BNSS.

7.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J Date: 16.03.2026 Rds

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3495 OF 2026 Date: 16.03.2026 Rds