Sana @ Mehraj Begum v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.4922 of 2025 Order:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioners/accused Nos.1 and 2, seeking anticipatory bail in Crime No. 831 of 2024 of Jagadgirigutta Police Station, Cyderabad, registered for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhitha, 2023 (for short, 'BNS').

2.

The case of prosecution in brief is that on 29.07.2024 at about 17:00 hours, the Station House Officer, Jagadgirigutta Police Station, received a complaint stating that the complainant is working in Mallareddy Hospital and she has two sons, who are married and she has two portions in her house in Maisamma Nagar and her sons are living in those portions and her elder son's wife viz., Sana @ Miraz (accused No.1) left her son and is living at her parents' place and on 28.07.2024 at

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about 20:00 hours, her elder son slept in his room with door locked and later on the next day at 13:00 hours, they came to know that he committed suicide by hanging to rod in his room and on enquiry, her younger son told that the deceased cried before him on 28.07.2024 at 12:00 hours stating that his wife Sana is living in rented house at Erragadda and accused No.3, who is the owner of the said house, has been calling the deceased and threatening him to give divorce to Sana. The complainant requested to take necessary action against Sana (accused No.1), her mother (accused No.2) and accused No.3. Based on the said complaint, the aforesaid crime has been registered against the accused.

3.

Heard Mr. P.R.Manohar, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

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4.

Learned counsel for the petitioners submitted that the petitioners/accused Nos.1 and 2 have not committed any offence and they were falsely implicated in this crime and they never instigated the deceased to commit suicide and the ingredients of Section 108 of BNS are not attracted against the petitioners. He also submitted that the petitioners are women and they are not having any criminal antecedents and accused No.3 in the aforesaid crime has already been granted bail and prays that the petitioners/accused Nos.1 and 2 be granted anticipatory bail as they are ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor opposed the bail petition and submitted that the petitioners have committed a grave offence and due to the harassment made by the petitioners and accused No.3 only, the deceased committed suicide and the investigation is under progress and

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therefore, if the petitioners 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 the criminal petition.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the marriage between petitioner No.1 and the deceased was performed in the year 2023 but subsequently, accused No.1 left the deceased and is residing in a rented premises of accused No.3. Even according to the learned Additional Public Prosecutor, the petitioners are not having any criminal antecedents and five witnesses have already been examined and accused No.3 was already granted bail. 7.

In view of the same, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.1 and 2, subject to the following conditions:

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(i) Petitioners/Accused Nos.1 and 2 are directed to surrender before the Station House Officer, Jagadgirigutta Police Station, Cyberabad, on or before 22.04.2025;

(ii) On such surrender, the Station House Officer, Jagadgirigutta Police Station, Cyberabad, shall release the petitioners/accused Nos.1 and 2 on bail on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties for a likesum each to the satisfaction of the said Officer;

(iii) On such release, petitioners/accused Nos.1 and 2 shall appear before the Station House Officer, Jagadgirigutta Police Station, Cyberabad, 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 and 2 shall not interfere with the investigation nor influence the witnesses.

(v) Petitioners/accused Nos.1 and 2 shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/Section 482 of BNSS and shall cooperate with the

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investigation officer for conclusion of investigation.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 15.04.2025 LUR