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High Court for State of TelanganaCRLP/9452/2026allowed no costs

Domala Harish, v. The State Of Telangana

2026-07-02K. Sujana6 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9452 OF 2026 DATE : 02.07.2026 Between :

Domala Harish & two others ...

Petitioners/A.1 to A.3 And The State of Telangana ...

Respondent/Complainant : ORDER :

This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners praying this Court to enlarge them on bail who are arrayed as accused Nos.1 to 3 in Crime No.156 of 2026 of Thangallapalli Police Station, Rajanna Sircilla District. The offences alleged against the petitioners are under Sections 108, 118(1), 292 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.

- 2 - 2.

The case of the prosecution in brief, is that, on 02.06.2026 at about 8:00 p.m., the complainant, Kothakonda Balavva, lodged a report stating that her younger son, Kothakonda Balakishan, had borrowed Rs.3,000/- from A.1. On the same day, at about 10:30 a.m., when the deceased was grazing his sheep near a kirana shop in Obulapur village, A.1 to A.3 questioned him regarding repayment of the amount, picked up a quarrel, and allegedly assaulted him with a stick, causing injuries. The deceased returned home and informed the complainant about the incident. It is alleged that, being unable to bear the assault and humiliation, the deceased telephoned A.1 stating that he would commit suicide. Despite being pacified by the complainant, the deceased went into a room and later, at about 2:00 p.m., was found hanging from a ceiling fan with a saree. Alleging that the deceased committed suicide due to the acts of the accused, the complainant lodged the report, based on which the present crime is registered against the accused for the above offences.

3.

Heard Sri T.Surya Satish, learned counsel appearing for the petitioners and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

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The contention of learned counsel for the petitioners is that petitioners have been falsely implicated and that the allegations, even if taken at their face value, do not constitute the offence of abetment of suicide under Section 108 of the BNS. It is submitted that the alleged incident arose only out of a dispute regarding repayment of a sum of Rs.3,000/-, and there is no material to establish any instigation, intentional aid, or proximate nexus between the conduct of petitioners and the suicide of the deceased. Learned counsel further submitted that the deceased was facing personal and family issues, which could have contributed to his decision to commit suicide, and that there was a considerable time gap between the alleged altercation and the suicide.

It is also contended that the prosecution has relied only on vague allegations without any specific material to attract the ingredients of the offence. Placing reliance on the judgment of the Hon'ble Supreme Court in Mahendra Awase v. State of Madhya Pradesh 1 , learned counsel submitted that mere demand for repayment of money, in the absence of clear evidence of instigation or mens rea, does not constitute the offence of abetment of suicide. Hence, prayed this Court to grant bail to the petitioners.

1 (2025) 4 SCC 801

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On the other hand, the learned Additional Public Prosecutor vehemently opposed the bail application, contending that the allegations against the petitioners are serious in nature; that investigation is still pending, at this stage if petitioners are granted bail they may abscond. Hence, prayed to dismiss this petition 6.

Having considered the rival submissions and the material available on record, this Court notes that the allegation against the petitioners is that they abetted the commission of suicide by the deceased on account of a dispute relating to the repayment of an amount of Rs.3,000/-. The petitioners have been in judicial custody since 03.06.2026, and the material part of the investigation has already been completed. The record further discloses that the investigating officer has examined L.Ws.1 to

19. Considering the period of incarceration undergone by the petitioners and the progress made in the investigation, this Court deems it appropriate to grant bail to the petitioners subject to the following conditions :

i.

The petitioners shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of the II-

- 5 - Additional Judicial Magistrate of First Class at Sircilla.

ii.

The petitioners shall appear before the concerned SHO between 09.00 a.m and 5.00 p.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.

iii.

The petitioners shall abide by the conditions stipulated in Section 483(2) of the BNSS.

7.

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

_______________ K. SUJANA, J Date :02.07.2026 Rds

- 6 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9452 OF 2026 DATE : 02.07.2026 Rds