Banavath @ Nenavath Narender v. State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5336 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'BNSS') seeking anticipatory bail to the petitioner, who is arrayed as accused No.2 in Crime No.177 of 2025 of Adibatla Police Station, Rachakonda Commissionerate, registered for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

2.

The case of prosecution in brief is that on 23.03.2025 at 09:30 hours the complainant submitted her complaint stating that her second son Ramavath Rambabu has been living in Ragannaguda along with his family members by taking room on rent basis for 2 months. He did some debts due his personal issues and he was unable to pay the debts due to lock of work. On 18.03.2025 her nephew along with her two sons went to her relative's house situated at BN Reddy Nagar, since she is talking with him over phone. On 21.03.2025 at 17:30 hours he made a phone to her and asked amount of Rs.500/- and she said that she did not have such amount and cut off the phone. After that she made so many calls to him but he did not answer and the

complainant also made calls but he did not answer calls. On 22.03.2025 at 16:00 hours her grandson along with her sister in law's son went to house and found that her son committed suicide by hanging to ceiling fan with help of a saree in his bed room and found dead. Further she stated that her son committed suicide due to harassment of debtors namely 1. Thirupathi, 2. Narender i.e., the petitioner herein and 3.Santhosh herein. Basing on the same, the present crime was registered for the aforesaid offences. 3.

Heard Mr. Rajashekhar Reddy Jejala, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner/accused No.2 submitted that the petitioner has not committed the alleged offence and he was falsely implicated in the present crime and that even according to the complaint, the ingredients of Section of 108 of BNS are not applicable to the petitioner. He further submitted that the petitioner is ready and willing to cooperate with the investigating officer for investigation and abide by the conditions that may be imposed by the Court.

5.

Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the investigation is not yet completed and therefore, if the petitioner is

granted anticipatory bail at this stage, there is every chance of his influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss this criminal petition. 6.

Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that there are financial disputes between the petitioner and the deceased. Even according to the learned Additional Public Prosecutor, the petitioner is not having any criminal antecedents. Hence, this Court is inclined to grant anticipatory bail to the petitioner/accused No.2 subject to the following conditions: (i) Petitioner/accused No.2 is directed to surrender before the Station House Officer, Adibatla Police Station, on or before 30.04.2025;

(ii) On such surrender, the Station House Officer, Adibatla Police Station, shall release the petitioner/accused No.2 on bail on his executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty thousand only) with two sureties for a like sum each to the satisfaction of the said Officer; (iii) On such release, petitioner/accused No.2 shall appear before the Station House Officer, Adibatla Police Station, on every Sunday commencing from 04.05.2025 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) Petitioner/accused No.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 investigation officer for conclusion of investigation.

7.

Accordingly, the Criminal Petition is allowed. No costs. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 23.04.2025.

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