Kontu Pooja, v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15780 of 2025 DATE: 08.12.2025 BETWEEN:

Kontu Pooja and others .....petitioners/accused Nos.1 to 6 And State of Telangana, Represented through Public Prosecutor, High Court Buildings, Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioners, who are arrayed as accused Nos.1 to 6 in Crime No.204 of 2025 before the Yeldurthi

Police Station, Medak District, registered for the offence punishable under Section 108 of BNS.

2.

The brief facts of the case are that the de facto complainant lodged a report before the Police stating that his son Hariprasad was driven to suicide due to the behaviour of his wife Pooja, her parents Kishan and Varalakshmi, and their relatives. He stated that after marital disputes and repeated demands from Pooja and her parents to live separately, tensions escalated. A panchayat was conducted on 02.11.2025, during which the said accused allegedly abused Hariprasad and told him to consume pesticide and die. Under mental distress, Hariprasad consumed pesticide on 18.11.2025 and later died while undergoing treatment on 25.11.2025.

3.

Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners were innocent and had no role in the alleged suicide. He further submitted that the allegations in the complaint were

vague, omnibus, and did not disclose the essential ingredients of Section 108 BNS and that petitioner No.1 had been living separately for three months, petitioner No.2 had been under medical treatment, and the other petitioners resided elsewhere and had no involvement in the incident. He contended that petitioner Nos.2 and 3 were arrested and the petition against them has become infructuous. He further contended that even if the complaint was accepted at face value, it did not constitute abetment of suicide and that the police had mechanically implicated the petitioners without any material. Therefore, he prayed the Court to grant pre-arrest bail to petitioner Nos.1 and 4 to 6 by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the petition, stating that in the dying declaration, the names of petitioner Nos. 2 and 3 were mentioned, and in the complaint, it was stated that all the petitioners were responsible for the death of the deceased. He further submitted that the investigation was at an initial stage and that custodial interrogation of the petitioners was required. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon perusal of the material on record, it appears that petitioner No.1 is the wife of the deceased, and petitioner Nos.4 to 6 are the relatives of accused No.1. Though a dying declaration was recorded by the concerned authority, the names of these petitioners were not mentioned by the deceased, and only the names of petitioner Nos.2 and 3 were referred to as responsible for his death. Further, since petitioner Nos. 2 and 3 were arrested, the pre-arrest bail petition filed on their behalf had become infructuous.

Considering the facts and circumstances of the case, this Court deemed it fit to grant prearrest bail to petitioner No. 1 and petitioner Nos. 4 to 6, subject to the following conditions:

i.

The petitioners/accused Nos.1 and 4 to 6 shall surrender before the Station House Officer, Yeldurthi Police Station, Medak District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/-, each with two sureties, for the like sum each.

ii.

The petitioners/accused Nos.1 and 4 to 6 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 petitioners/accused Nos.1 and 4 to 6 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 in part and the petition filed against petitioner Nos.2 and 3 is dismissed as infructuous.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 08.12.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15780 of 2025 Date: 08.12.2025 SAI