Bodasu Narsimha, v. State Of Telangana, Through Station House Officer.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.4880 of 2026 DATE: 09.04.2026 Between:
Bodasu Narsimha and others .... Petitioners/accused Nos.1 to 6 AND The State of Telangana, Through SHO, Pocharam IT Corridor Police Station, 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 pre-arrest bail to the petitioners, who are arrayed as accused Nos.1 to 6 in Crime No.152 of 2026 of Pocharam IT Corridor Police Station, Malkajgiri District, registered for the offences punishable under Sections 108 r/w 3(5) of the BNS.
2.
The case of the prosecution is that, on 19.03.2026, the defacto complainant lodged a report before the police stating that her marriage was solemnized with the deceased and they were blessed with two children and the complainant further stated that they have Some Agricultural Land disputes at their village between her husband and accused Nos.1 to 6. A-1 to A-6 filed some false cases at Police stations and has been continuously harassing her husband for the past six years, due to which he was unable to concentrate on his job and went into depression. On this issue deceased person discussed said matter on 18.03.
2026 with the complainant and when she woke up her husband/Deceased person was not there in the bedroom and did not come for a long time, then the complainant felt suspicious and when she went to the Hall found her husband committed suicide by hanging himself to the Ceiling fan in the Hall with the help of Blue colour Printed Saree. The complainant stated that her husband committed suicide due to the harassment and abetment of the above accused persons. Hence, the complainant requested for necessary action. Basing on the said complainant, the police registered a case for the above said offences. 3.
Heard Sri. Papaiah Peddakula, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachandra
Reddy, learned Additional Public Prosecutor appearing for the respondent-State.
4.
The contention of the learned counsel for the petitioners is that, whatever the allegations made against the petitioners does not constitute the offence under Section 108 of the BNS and in fact, there is no such case is filed by the petitioners and the defacto complainant has filed a suit vide O.S.No.295 of 2024 which itself shows that the de-facto complainant's husband have disputes between the petitioners herein and merely filing cases for the property disputes does not amounts to abetment and there is no such mens rea attributable to the petitioners to constitute abetment and there is no such mens rea for filing a suit to shows that the petitioners herein are having any intention to abet the deceased. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by learned counsel for petitioners stating that the deceased has left a suicide note which itself clearly shows that the petitioners herein are responsible for the death of the deceased and he also mentioned the names of the petitioner in the suicide note. Further, the
custodial interrogation of the petitioners herein is required for further investigation. Therefore, he prayed the Court to dismiss the Criminal Petition.
6.
In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it is evident that merely filing cases for the property disputes does not amounts to abetment and there is no such mens rea attributable to the petitioners to constitute abetment. Further, in the suicide note of the deceased, there is no mention about that the petitioners herein have filed suit for property disputes. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions:
i.
The petitioners shall surrender before the Station House Officer, Pocharam IT Corridor Police Station, MedchalMalkajgiri 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/- each, with two sureties, for the like sum each.
ii.
The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 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 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: 09.04.2026 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4880 of 2026 Date: 09.04.2026 TU