Mohammad Mohammad Khaja, 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.3528 of 2026 DATE: 18.03.2026 BETWEEN:

Mohammad Mohammad Khaja ..... Petitioner/Accused And The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

..... Respondent

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioner, who are arrayed as accused in Crime No.112 of 2025 before the Nennel Police Station, Ramagundam District, registered for the offence punishable under Section 108 of BNS.

2.

The brief facts of the case are that, on 02.08.2025, the defacto complainant lodged a report before the Police stating that on 01.08.2025 at about 10:00 hours, he, along with his wife, had

gone out of the house to attend agricultural work. During their absence, their elder daughter, aged about 19 years, committed suicide. A suicide note was found on a chair, wherein she stated that she had purchased an auto bearing No. TS201 1162 from the petitioner about one year prior. She further stated that the finance company had seized the auto about one month earlier due to nonpayment of the finance amount. Upon inquiry, she discovered that the amount of Rs.1,40,000/- paid to the petitioner had not been remitted to the financier, and instead had been used for the personal use of the petitioner. Due to the resulting mental distress, she felt vexed with her life and committed suicide. Based on the said complaint, the police registered an FIR for the aforesaid offence.

3.

Heard Sri G. Madhusudhan Reddy, learned counsel appearing on behalf of the petitioner, and Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and that the complaint

does not disclose any ingredients constituting an offence under Section 108 of BNS and that mere non-payment of the finance amount does not amount to abetment of suicide. He further submitted that the petitioner is willing to cooperate with the investigation. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner.

5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions, contending that the name of the petitioner is specifically mentioned in the suicide note and that the acts of the petitioner led the victim to commit suicide. He further contended that the allegations are serious and grave in nature, and as the investigation is still in progress, grant of pre-arrest bail at this stage is not warranted. Hence, he prayed for dismissal of the petition.

6.

In light of the submissions made by both sides and upon perusal of the material available on record, it appears that the allegation against the petitioner is that the petitioner sold the auto and received the sale consideration, but failed to remit the same to the financier. Such conduct, by itself, does not prima facie

constitute the offence of abetment of suicide under Section 108 of BNS. Considering the same, this Court deems it appropriate to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Nennel Police Station, Ramagundam District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on their executing a personal bond for Rs.25,000/- (Rupees Twently Five Thousand only) with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concerned SHO between 09.00 a.m. and 05.00 p.m., on every Wednesday 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 petitioner 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: 18.03.2026 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3528 of 2026 Date: 18.03.2026 SS