Fatima Begum v. The State Of Telanganaa

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6838 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner/accused seeking anticipatory bail in the event of her arrest in Crime No.203 of 2025 of Suraram Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 318(4), 108 and 316(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2.

The case of prosecution in brief is that the de facto complainant lodged a complaint on 10.04.2025 stating that his wife running chits and kirana shop. One week prior to incident, the chit members asked his wife to pay their chit amount and she fed up on her life and on 10.04.2025 at 10.00 hours, she sent him and his son outside and committed suicide by hanging and he found suicide note on the table, in which it is stated that because of the petitioner, she lost 74 lakhs of amount and gold. Hence, the complaint.

3.

Heard Mr. C.M.R. Velu, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent State. 4.

Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and she was falsely implicated in the present crime. The petitioner never harassed or instigated the deceased to commit suicide. Hence, the ingredients under Section 108 of the BNS are not attracted against the petitoner and the punishment for the other offences is up to seven years. The petitioner being a house wife and having movable and immovable properties and she is not having any criminal antecedents. The petitioner is ready and willing to cooperate with the investigation and also comply with the conditions, which are going to be imposed by this Court. Hence, the petitioner may be granted anticipatory bail.

5.

Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the investigation is under progress. In the complaint as well as suicide note, the deceased specifically stated the role of the

petitioner. Hence, at this stage, if the petitioner is granted anticipatory bail, she will interfere with the investigation and influence the witnesses. Hence, the petitioner is not entitled to seek anticipatory bail.

6.

Having considered the rival submissions made by the respective parties and after perusal the material available on record, it reveals that there are no specific allegations levelled against the petitioner. Even according to the allegations made in the complaint, there are monetary disputes between the petitioner and the deceased to attract the ingredients under Section 108 of the BNS and the punishment for the other offences is up to seven years. Even according to the learned Additional Public Prosecutor, the petitioner is not having any criminal antecedents.

7.

Taking into consideration the facts and circumstances case, this Court is inclined to grant anticipatory bail to the petitioner/accused with the following conditions: (i) The petitioner/accused is directed to surrender before the Station House Officer, Suraram Police Station, Cyberabad Commissionerate, on or before 25.06.2025 and on such surrender, she shall be

enlarged on bail on her executing a personal bond for a sum of Rs.30,000/-(Rupees thirty thousand only) with two sureties for a like sum each.

(ii) On such release, the petitioner/accused shall appear before the Station House Officer, Suraram Police Station, Cyberabad Commissionerate, on every Monday at 11:00 a.m. for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier.

(iii) The petitioner/accused shall not interfere with the investigation or influence the witnesses.

(iv) The petitioner/accused shall abide by the conditions stipulated under Section 482 (2) of the BNSS and shall cooperate with the Investigating Officer in the investigation.

8.

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

______________________ J.SREENIVAS RAO, J Date: 17.06.2025 mar