Mashetti Kalavathi v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.3636 of 2025 Order:

This Criminal Petition is filed by the petitioners/accused Nos.1 & 2, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.119 of 2025 of Godavarikhani I Town Police Station, Ramagundam, Peddpalli District, registered for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita (BNS).

2.

Heard Mr. Venumadhav, learned counsel representing Ms. A.Rupa Devi, learned counsel for the petitioners/accused Nos.1 & 2 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3.

The case of the prosecution is that on 06.03.2025, the Station House Officer, Godavarikhani I Town Police Station, received a complaint to the effect that the complainant's

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mother viz., Pallerla Yeshoda is staying alone in her house in Ramesh Nagar, Godavarikhani, and that on the said date at about 2:30 p.m., he received a phone call from one Pallerla Ramadevi that his mother had committed suicide by hanging herself to ceiling fan and that immediately, he went there and on enquiry, he came to know that an altercation took place between the petitioners/accused Nos.1 & 2 and his mother following which his mother committed suicide. Basing on the said complaint, the aforesaid Crime was registered against the petitioners/accused Nos.1 & 2 for the aforesaid offence. 4.

Learned counsel for the petitioners submits that the petitioners/accused Nos.1 & 2 have not committed any offence and that they were falsely implicated in the aforesaid crime. He further submits that the ingredients of Section 108 of BNS are not at all applicable to the petitioners/accused No.1 & 2 in the present case as they have not instigated the deceased to commit suicide. Lastly, he prays to grant

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anticipatory bail to the petitioners/accused Nos.1 & 2 as they are housewives and they are ready and willing to cooperate with the investigation and also abide by the conditions that may be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor submits that petitioners/accused Nos.1 & 2 have committed a grave offence and the investigation is not yet completed and if the petitioners/accused Nos.1 & 2 are granted anticipatory bail at this stage, there is every chance of their influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss this criminal petition.

6.

Having heard learned counsel for the parties and on perusal of the record, it reveals that the crime is registered for the offence under Section of BNS.

As the petitioners/accused Nos. 1 & 2 are housewives and they are ready to cooperate with the investigation and abide by the conditions that may be imposed by this Court, this Court is

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inclined to grant anticipatory bail to the petitioners/accused Nos.1 & 2 subject to the following conditions: (i) Petitioners/accused Nos.1 & 2 are directed to surrender before the Station House Officer, Godavarikhani I Town Police Station, Ramagundam, Peddapalli District, on or before 26.03.2025;

(ii) On such surrender, the Station House Officer Godavarikhani I Town Police Station, Ramagundam, Peddapalli District, shall release the petitioners/accused Nos.1 & 2 on bail on each of them executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a likesum each to the satisfaction of the said Officer;

(iii) On such release, petitioners/accused Nos.1 & 2 shall appear before the Station House Officer, Godavarikhani I Town Police Station, Ramagundam, Peddapalli District, on every Monday at 11:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required by the police for investigation. (iv) Petitioners/accused Nos.1 & 2 shall abide by the conditions stipulated under Section 438(2) of

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the Criminal Procedure Code, 1973/ Section 482 of BNSS and shall cooperate with the investigating officer for conclusion of investigation.

8.

Subject to the above directions, the Criminal Petition is allowed. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 19.03.2025 LUR