Sony v. The State Of Telangana

THE HON'BLE SRI JUSTICE SREENIVAS RAO CRIMINAL PETITION No.9240 of 2025 Order:

This Criminal Petition is filed by the petitioner/accused, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.794 of 2025 of Uppal Police Station, Rachakonda District, registered for the offences punishable under Sections 108 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.

The case of prosecution in brief is that on 02.07.2025 the de facto complainant lodged a complaint before the Uppal Police Station stating that her younger son committed suicide on 01.07.2025 between 08:00 Pm and 09:00 PM in his friends room for the reason that the petitioner/accused made nuisance near the room of the deceased with a demand to marry her or settle the matter by giving Rs.10,00,000/-. Hence, the complaint. 3.

Heard Ms.Sahthi Sri Kavya Mukkera, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence and she is falsely implicated in this case. The deceased himself committed the suicide on 01.07.2025. The de facto

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complainant who is none other than the mother of the deceased lodged the complaint on 02.07.2025. The alleged offence took place on 01.07.2025 at 20:00 hours whereas the de facto complaint lodged complaint on 02.07.2025 at 0800 hours without explaining any reasons for the delay in lodging the complaint. The learned counsel further submits that the petitioner and the deceased are in living relationship since four years. It is further submitted that the petitioner herself is a victim in the hands of the deceased as the victim had given substantial amounts during their relationship, as such requested the deceased either to marry her or settle the amount of Rs.10,00,000/-. Therefore, the petitioner never instigated or provoked the deceased to commit suicide.

Hence, the ingredients under Section 108 of BNS are not attracted against the petitioner. It is further submitted that petitioner is not having any criminal antecedents and living by doing private job and she is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for anticipatory bail. 5.

On the other hand, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the investigation is under progress. Therefore, if the petitioner is granted anticipatory bail, at this stage, there is every chance to influence the witnesses and to interfere with the investigation. Hence, prayed to dismiss the petition.

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6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner and deceased were in relationship since long time. The specific case of the learned counsel for the petitioner is that the petitioner has given substantial amounts to the deceased on several occasions. In support of the said contention, learned counsel for the petitioner filed documents at page Nos.9 to 29 along with present criminal petition. Even according to the learned Additional Public Prosecutor, the petitioner is not having any criminal antecedents.

7.

Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioner/accused subject to the following conditions:

1. The petitioner/accused shall surrender before the Station House Officer of Uppal Police Station , Rachakonda District, on or before 11.08.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused on bail on her executing a personal bond for Rs.30,000/- (Rupees thirty thousand only) with two sureties, for a like sum each.

2. After release, the petitioner/accused shall appear before the concerned SHO for a period of (06) weeks or till filing of charge sheet whichever is earlier and thereafter, as and when required.

3. After release, the petitioner/accused shall not contact the de facto complainant or family members and shall not influence the witnesses or interfere with the investigation.

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4. The petitioner/accused shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.

5. The petitioner/accused after release on anticipatory bail, if she is indulged in similar offence, liberty is granted to the respondent to file application for cancellation of anticipatory bail.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed. _____________________ J.SREENIVAS RAO, J Date:04.08.2025 vrks

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THE HON'BLE SRI JUSTICE SREENIVAS RAO CRIMINAL PETITION No.9240 of 2025 Date:04.08.2025 vrks