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High Court for State of TelanganaCRLP/11704/2025allowed no costs

Smt. Deepa Behara @ Gita Rani, v. State Of Telangana,

2025-09-24K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11704 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioner, who is arrayed as accused No.3 in Crime No.586 of 2025 of Kushaiguda Police Station, Rachakonda Commissionerate.

2.

The brief facts of the case are that, on 07.08.2025, the defacto complainant lodged a report with the Police stating that the marriage of his daughter was solemnized on 06.02.2025. At the time of marriage, an amount of Rs.5,00,000/- was given to the family of the petitioner, and they further agreed to pay an additional amount of Rs.5,00,000/- after the marriage, as demanded. It is alleged that the petitioner, along with her family members, harassed the deceased, who ultimately led her to commit suicide on 07.08.2025, as such requested the police to take appropriate legal action. Based on the said complaint, the police registered a case vide Crime No.586 of 2025 for offences punishable under Sections 80 and 85 of the Bharatiya Nyaya

Sanhita (BNS), and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (DP Act).

3.

Heard Sri K. Rohit, learned counsel appearing for the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State. 4.

Learned counsel for the petitioner submitted that petitioner is the mother of accused No.1 and the petitioner had never resided with accused No.1 and the deceased and even according to the complaint, the marriage was performed in the month of February, and accused No.1 and the deceased had been residing separately since May and that the alleged incident occurred in the month of August, therefore, there was no proximity between the petitioner and the allegations made against her. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing the present criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, contending that although there were no specific allegations against the petitioner, the marriage of the deceased with accused No.1 was performed in February, and she committed suicide in August, i.e., within six months of the marriage. Hence,

he argued that the allegations against the petitioner were of a serious and heinous nature. Therefore, he prayed the Court to dismiss the present Criminal Petition.

6.

Having considered the rival submissions of both learned counsel and upon perusal of the material placed on record, it is noted that the petitioner is the mother of accused No.1 and as seen from the record, the petitioner did not reside with accused No.1 and the deceased and there is no mention of the petitioner in the complaint, nor are there any specific overt acts attributed to her. In view of the facts and circumstances of the case, this Court is inclined to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Kushaiguda Police Station, Rachakonda Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release her on bail on executing a personal bond for Rs.25,000/- 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.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday 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, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 24.09.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11704 of 2025 Date: 24.09.2025 SS