B.Vinay Kumar 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.5600 of 2026 DATE: 27.04.2026 BETWEEN:
B. Vinay Kumar .....petitioner/accused And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.
.....Respondent/complainant
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 petitioner, who is arrayed as accused in Crime No.589 of 2026 before the Hayathnagar
Police Station, Malkajgiri District, registered for the offences punishable under Sections 107,351(2) of BNS and Section 11 read with 12 of POCSO Act, 2012 2.
The brief facts of the case are that the present case arises out of Crime No. 589 of 2026 of Hayathnagar Police Station, registered on the compliant of the father of minor girl, who allegedly committed suicide on 09.04.2026 by hanging herself at her residence. It is alleged that the petitioner, a fellow 10th class student of the same school, had been harassing, threatening, and mentally torturing the deceased in the name of love, which led her to take the extreme step.
3.
Heard Sri K. Venumadhav, learned counsel appearing on behalf of the petitioner as well as 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 and falsely implicated, and there are no specific allegations constituting abetment to suicide and that
there is no proximate act or mens rea on the part of the petitioner to drive the deceased to commit suicide, and mere allegations of harassment are insufficient to attract the alleged offences. He further submitted that no prior complaint was made to the school authorities, the petitioner is a minor student with a bright future, and custodial interrogation is not required. The petitioner undertakes to cooperate with the investigation and seeks anticipatory bail. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.
5.
Learned Additional Public Prosecutor opposed the petition contending that the allegations disclose continuous harassment, intimidation, and mental torture inflicted by the petitioner on the minor victim, which prima facie amounts to abetment and offences under the POCSO Act and that the matter is at an initial stage of investigation, and custodial interrogation is necessary to ascertain the role of the petitioner. Considering the gravity of the allegations and the impact on minor victim, it is contended that the petitioner is not entitled to anticipatory bail and the petition is liable to be dismissed.
6.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that according to the de facto complainant, the petitioner had been continuously harassing and allegedly instigating the minor victim, which is stated to have driven her to commit suicide. However, at this stage, the allegations primarily rest on the version of the complainant and require thorough investigations.
Considering the facts and circumstances of the case, particularly the age of the petitioner, who is also a student, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions:
i.
The petitioner shall surrender before the Station House Officer, Hayathnagar Police Station, Malkajgiri District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/-, each with two sureties, for the like sum each.
ii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha
Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioner shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., for a period of eight
(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: 27.04.2026 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.5600 of 2026 Date: 27.04.2026 SAI