Machannagari Sridhar Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5004 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioners/accused Nos.2 and 3 in Cr.No.115 of 2025 of Patancheru Police Station, Sangareddy District, registered for the offences punishable under Section 108 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS'). 2.

The case of the prosecution, in brief, is that on 02.01.2025, the complainant's younger son-Mr.Shivagari Madhukar Reddy, fell down in the bathroom, as a result of which, his right leg was fractured and was recovering at home. On 24.01.2025, while his family was away, petitioners and other accused allegedly went to his house, abused him over a loan taken by one Sathish, for which victim stood as surety, and harassed him to repay. Being distressed by the same, victim consumed pesticide. When family members tried to take him to the hospital, the petitioners allegedly delayed the process by demanding loan repayment. He was later admitted to Dhruva Hospital, Patancheru, but died on 30.01.2025.

3.

Heard Mr. C.Haripreeth, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Assistant Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioners submits that the petitioners have not committed any alleged offense and was falsely implicated in the above said crime. According to the allegations made in the complaint, the alleged incident was taken place on 24.01.2025, however, the complainant lodged a complaint on 30.01.2025 and they have not stated any reasons for the delay in filing the said complaint. He further submits that the allegations primarily pertain to a monetary dispute between Accused No.1 and the deceased. The petitioners neither abused nor instigated the deceased to commit suicide, and the ingredients of Section 108 of the BNSS Act are not attracted in this case. He also points out that Accused No.1 has already been arrested. Material part of the investigation is already completed but the petitioners have not committed any criminal antecedents. Petitioner No.2/Accused No.3, who is the wife of Petitioner No.1/Accused No.2,, is not having any criminal antecedents. The allegations made against Petitioner No.2/Accused No.3 were also made against Accused

Nos.4 and 5; however, the Investigating Officer later deleted the names of Accused Nos.4 and 5 from the case.

5.

Per contra, learned Additional Public Prosecutor submits that the investigation is under progress at this stage and if the petitioners enlarged on Anticipatory bail, there is every chance to influence the witnesses and interfere with the investigation and hence, prayed to dismiss the petition.

6.

Learned counsel for the petitioner by way of reply, submitted that the petitioners are ready and willing to cooperate with the investigation and also, they will abide by the conditions, which are going to be imposed by this Court.

7.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the deceased had taken money from Accused No.1 and in the said transaction petitioner No.1 /Accused No.2 stood as surety. When Accused No.1 demanded repayment, the deceased failed to repay the said amount. According to the learned counsel for the petitioners, the petitioners neither abused nor instigated the deceased to commit suicide. Even according to the

learned Additional Public Prosecutor, Accused No.1 has already been arrested and the petitioners are not having any criminal antecedents.

8.

Taking into consideration of the facts and circumstances of the case, this Court is of the considered view that petitioners/accused No.2 and 3 is entitled for grant of anticipatory bail, subject to the following conditions:

1. The petitioners/accused Nos.2 and 3 shall surrender before the Station House Officer, Patancheru Police Station, Sangareddy District on or before 23.04.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.2 and 3 on bail on their executing a personal bond for Rs.30,000/- (Rupees Thirty Thousand only)each with two sureties, for the like sum each.

2. The petitioners/accused Nos.2 and 3 shall appear before the concerned SHO at 11.00 A.M. on every Monday, 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.

3. The petitioners/accused Nos.2 and 3 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and cooperate with the Investigating Officer in investigating the case.

9.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_____________________________ JUSTICE J.SREENIVAS RAO Date: 17.04.2025 Lpd

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5004 of 2025 Date: 17.04.2025 Lpd