Banuka Prem Sai v. The State Of Telangana,

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12120 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 are arrayed as accused No.4 in Crime No.541 of 2024 before the Manakondur Police Station, Karimnagar District.

2.

The brief facts of the case are that the incident occurred on 09.12.2024 at about 17:00 hours at the outskirts of Gangipalli village and was reported on 12.12.2024 at 10:15 hours by the complainant Banuka Rama, wife of the deceased Banuka Ravi. The accused Nos.1 and 2, residents of Vannaram village, had allegedly illegally registered the deceased's land, tried to occupy it, and harassed him. On 07.12.2024 at about 08:00 hours, when the deceased went to his land for ploughing, the accused obstructed and threatened him, due to which he became depressed and consumed unknown poison at the outskirts of Gangipalli village. He informed Akula Ravi over the phone, after which the complainant and her son rushed to the spot and shifted him to the Government Civil Hospital, Karimnagar, and later to Vijaya Mohan

Reddy Hospital for better treatment, where he died on 12-12-2024 at 00:10 hours while undergoing treatment.

3.

Heard Sri T. Rahul, learned counsel for petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.

4.

Learned counsel for the petitioner submitted that the allegations leveled against the petitioner are vague and baseless, and that the petitioner is innocent of the offences alleged in the complaint and that the de-facto complainant did not name the petitioner in her complaint, and that the petitioner was arrayed as an accused solely based on the dying declaration. He further submitted that there is no nexus between the petitioner and the alleged offences and even as per the statements of the deceased, the petitioner is said to have harassed him over the past five years, which does not attract the offence under Section 108 of the Bharatiya Nyaya Sanhita (BNS), rendering the charge itself unsustainable and that accused Nos.3, 5, and 6 have already been granted anticipatory bail vide Crl.P.No.10769 of 2025. Therefore, he prayed this Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner stating that the allegations against the petitioner are serious in nature and at this stage, granting pre-arrest bail to the petitioner is not warranted and may hinder the ongoing investigation. Therefore, he prayed the Court to dismiss the Criminal Petition.

6.

After considering the submissions made by both the learned counsel and reviewing the material available the record, it appears that the petitioner was not present at the scene of the offence and as per the de-facto complainant, accused Nos.1 and 2 abused the deceased, which allegedly led to the deceased committing suicide. The deceased, in his statement, mentioned that all the accused had harassed him.

However, considering the facts and circumstances of the case, and in view of the absence of the petitioner absence from the scene and the grant of anticipatory bail to similarly placed co-accused, this Court finds it appropriate to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Manakondur Police Station, Karimnagar District, within two weeks from today, and on such surrender, the said Station House Officer shall release

him 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, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 25.09.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12120 of 2025 Date: 25.09.2025 SS