Budiga Shiva Sai v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10248 of 2025 Order:

This Criminal Petition is filed by the petitioner/ accused, seeking anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in connection with Crime No. 922 of 2025 on the file of Uppal Police Station, Rachakonda District, registered for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023 (for short "the BNS").

2.

The case of the prosecution is that the brother of the deceased lodged a report before the Police on 01.08.2025 stating that the deceased received a phone call offering the loan, he took the loan and correctly paid the installments for two months. Later, as he was unable to pay the installments, the concerned loan authorities called him and abused him in filthy language. Unable to bear such harassment, he consumed acid. Basing on the same, the Police registered the aforesaid crime against the petitioner.

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3.

Heard Mr.S.Sudarshan, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent/State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said offence and the name of the petitioner is nowhere mentioned by the de facto complainant in the complaint. According to the de facto complainant, the deceased received phone calls from the number given in the complaint for offering loan. However, it is not mentioned that he received threatening call from the said number. That apart, the petitioner is the employee of the said institution and he has no intention to abet the deceased for commission of suicide. There are no specific allegations against the petitioner to show that he has abetted or instigated the deceased to commit suicide. The petitioner is ready to abide by the conditions, if any, imposed by this Court and prayed this Court to grant anticipatory bail.

5.

On the other hand, the learned Additional Public Prosecutor submitted that the investigation is at the initial stage and custodial interrogation is necessary for further

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investigation. Hence, prayed this Court to dismiss the petition.

6.

Having regard to the rival submissions made and on going through the material placed on record, the allegation against the petitioner is that he made a phone call to the deceased threatening him to pay the installments and also abused him in filthy language. Whereas, it is evident from the record that there is no specific allegation against the petitioner to show that he has abetted or instigated the deceased to commit suicide. Hence, 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, Uppal Police Station, Rachakonda, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on his executing personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) 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.

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iii.

The petitioner shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet 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: 19.08.2025 pss

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THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10248 of 2025 Date: 19.08.2025 pss