Bhukya Ganesh, v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.7809 of 2026 Date of Order: 21.05.2026 Between:
Bhukya Ganesh
...Petitioner-accused
And The State of Telangana, (S.H.O.PS Gudur), Mahabubabad District, Represented by its Public Prosecutor, High Court of Judicature at Hyderabad.
...Respondent
: O R D E R :
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 sole accused in Crime No.111 of 2026 of Gudur Police Station, Mahabubabad District, registered for the offences punishable under Section 108 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
2.
The brief facts of the case are that on 06.05.2026, the complainant lodged a complaint regarding the death of his daughter. According to the complaint, the deceased was undergoing nurse training at Government Hospital, Narsampet, where she developed acquaintance and a love relationship with one Bhukya Ganesh, who was also working in the same hospital. When the deceased expressed her desire to marry him, the complainant and his family agreed to the marriage and advised her to ask Ganesh to convince his family members. It is alleged that Bhukya Ganesh demanded higher dowry for agreeing to the marriage and informed the deceased that he would marry her only if such dowry was paid. On 05.05.
2026, during a telephonic conversation, he allegedly reiterated the demand and further told the deceased that if she could not bring higher dowry, she should die, and that he would marry another woman for higher dowry. The complaint further states that after the said conversation, the deceased became mentally disturbed and disclosed the same to her parents. On the night of 05.05.2026, she slept alone inside the house while her parents slept outside.
from her room, the complainant and others peeped through the window and found her hanging to the ceiling fan with a saree. Neighbours broke open the door and brought her down, but she was already dead. The complainant alleged that due to the dowry demands and the words uttered by Bhukya Ganesh, the deceased was driven to commit suicide. Based on the complaint, police registered the case and commenced investigation. Hence, action was sought against the accused. 3.
Heard Mr.Dasi Ramesh, learned Counsel appearing on behalf of the petitioner as well as Mr.Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of the respondent-State.
4.
The petitioner is arrayed as sole accused in Crime No.111 of 2026. The accusation is that he has abused the deceased and therefore instigated to commit suicide. 5.
Learned counsel for the petitioners submits that petitioner is working in postal department in Manipur and no such offence was committed by him. He further submitted that even accepted that he used abusive words and the same will not constitute any offence under Section 108 of BNS and
which is relied upon the decision of the AP High Court in Crl.P.No.4976 of 2022, wherein the decision of the Hon'ble Supreme Court in case of Mohan vs. State of Tamilnadu, has considered and held that prima facie case is made out against the petitioners therein. Therefore, he prayed for grant of prearrest bail by allowing the Criminal Petition. 6.
On the other hand, learned Public Prosecutor opposed the grant of bail and at this stage, granting of pre-arrest bail to the petitioner does not arise. Hence, he prayed the Court to dismiss the criminal petition.
7.
In the light of the submissions made by both the learned counsel and since the conversation between the petitioner and complainant is not recorded and whether he has used abusive words and instigated the petitioner to commit suicide, this Court is inclined to grant pre-arrest bail to the petitioner/accused, subject to the following conditions: i.
The petitioner-accused shall surrender before the Station House Officer, Gudur Police Station, Mahabubabad District, within two weeks from today, and on such surrender, the said
Station House Officer shall release them 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, and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioner shall appear before the concerned Investigating Officer, as and when required.
8.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
____________________ JUSTICE T.MADHAVI DEVI Date: 21.05.2026 mmr/chs
THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.7809 of 2026 Date of Order: 21.05.2026 MMR/CHS