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Judgment
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking the relief of pre-arrest bail.
The petitioner is arrayed as accused No.2 in Crime No.598 of 2026 on the file of the Kushaiguda Police Station, Malkajgiri Commissionerate, registered for the offence punishable under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).
Heard Mr.B. Manav Kumar, learned Counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-State.
The prosecution case, in brief, is that the deceased and accused No.1 were in a relationship and had frequent disputes regarding accused No.1’s relationship with the petitioner/accused No.2. On 06.08.2026, during an argument between the deceased and accused No.1, the deceased attempted to commit suicide, alleging that accused No.1 was taking videos from outside their room and had provoked the deceased by uttering words telling him to die at his parents’ house. Thus, raising suspicion against accused No.1 and the petitioner/accused No.2, the mother of the deceased lodged a report. On the basis of the said allegations, the present crime was registered.
Learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in the present crime on the basis of vague suspicion and even as per the averments in the complaint, except for the allegation regarding his relationship with accused No.1, no other suspicious circumstance has been attributed to the petitioner. It is further submitted that the petitioner has not committed any act of instigation, provocation or intentional aid amounting to abetment of suicide by the deceased. He further submits that there is no material implicating the petitioner and that the allegations against him are omnibus in nature and based merely on suspicion. He further submits that the petitioner has no criminal antecedents and is ready and willing to cooperate with the investigation. The petitioner is a permanent resident of Hyderabad and undertakes to abide by the conditions that may be imposed by this Court; hence, anticipatory bail is sought.
Per contra, learned Additional Public Prosecutor would submit that investigation is still in progress, however, accused No.1 was arrested on 12.08.2026, 11 witnesses have been examined, and the presence of the petitioner may be required for an effective and fair investigation. His custodial interrogation, at this stage, cannot be ruled out. Hence, dismissal of the petition is sought.
I have carefully considered the rival submissions and perused the materials available on record.
The specific allegation against the petitioner is that the petitioner, along with Accused No.1, abetted the commission of suicide by the deceased. The averments in the complaint, insofar as they relate to the petitioner’s relationship with Accused No.1, do not disclose any specific circumstances or overt act on the part of the petitioner constituting abetment within the scope of Section 44 of the BNS. However, it is a settled position of law that, while considering an application for anticipatory bail, the Court is not required to undertake a meticulous examination of the evidence or a detailed appreciation of the rival versions and disputed questions of law.
Having regard to these aspects, the nature of the allegations, the absence of material demonstrating the necessity of his custodial interrogation and his willingness to cooperate with the investigation, this Court is of the considered view that the prayer of the petitioner for grant of anticipatory bail deserves positive consideration. However, his presence and cooperation can be secured by imposing appropriate conditions, so as to safeguard the investigation and the interests of the prosecution.
Accordingly, this Criminal Petition is allowed, subject to following conditions.
The petitioner/Accused No.2 shall surrender before the Station House Officer, Kushaiguda Police Station, Malkajgiri Commissionerate, on or before 17.09.2026. Upon such surrender or in the event of arrest the Station House Officer shall release him on bail on execution of a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of the said officer.
The petitioner shall appear before the Investigating officer on every Saturday between 10.00 a.m. to 03.00 p.m., for a period of eight (08) weeks from the date of his release on bail or until the filing of the final result, whichever is earlier.
The petitioner shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation.
The petitioner shall furnish his complete residential address and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation.
The petitioner shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall he tamper with the prosecution evidence in any manner whatsoever.
The petitioner shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS.
Any willful breach or violation of any of the aforesaid conditions shall render the petitioner liable to appropriate proceedings before the court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law.
It is made clear that any observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as an expression on the merits of the case.
Miscellaneous applications, if any pending, shall stand closed.