CRLP/15983/2026 of Begari Sunil Vs State of Telangana on 6 October 2026

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking the relief of pre-arrest bail.

2. The petitioner is arrayed as the sole accused in Crime No.91 of 2026 on the file of the Chiragpally Police Station, Sangareddy District, facing accusation under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

3. Heard Mr.N.Sreedhar Reddy, learned Counsel for the petitioner, and Mr.Syed Yasar Mamoon, learned Assistant Public Prosecutor, representing the respondent-State.

4. The prosecution case, in brief, is that the daughter of the de facto complainant had been in a relationship with the petitioner for the past two years and had been communicating with him over the telephone. On the date of the occurrence, when the de facto complainant returned from her employment at about 03:00 PM, she found her daughter hanging from a beam with the aid of a scrap. It is alleged that the petitioner had repeatedly assured the deceased of his love and had represented to her that he would marry her. Subsequently, however, he refused to marry her. It is alleged that, as a consequence of such refusal, the deceased suffered distress and mental agony, which ultimately led her to commit suicide.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the offence. He contends that, even according to the complaint, there is no allegation of any specific circumstance or incident indicating a breakdown of the relationship, or of any subsequent act on the part of the petitioner which could have induced, or aided or abetted the deceased in committing suicide. It is further submitted that a mere rejection or refusal to marry, by itself, cannot constitute a sufficient basis to infer intentional aiding of the commission of suicide. Learned counsel submits that the petitioner is willing to cooperate with the investigation and to abide by any conditions that may be imposed by this Court. On these grounds, the petitioner seeks the grant of anticipatory bail.

6. Learned Additional Public Prosecutor opposed the bail petition and submitted that there is a specific allegation against the petitioner. It is contended that the relationship between the petitioner and the deceased caused the deceased psychological stress, mental agony, and emotional distress and that, having been left with no other option, she committed suicide. It is further submitted that the investigation is still in progress and that the presence of the petitioner may be necessary for the purpose of conducting an effective investigation. On these grounds, the learned Additional Public Prosecutor prayed for dismissal of the petition.

7. I have carefully considered the rival submissions and perused the materials on record.

8. The specific allegation against the petitioner is that he abetted the deceased in committing suicide. As per the complaint, the petitioner was in a relationship with the deceased for about two years and had represented that he would marry her, but subsequently refused to do so. Apart from such refusal, the complaint does not disclose any specific overt act, proximate incident, threat, instigation, intentional aid, or other conduct on the part of the petitioner which allegedly drove or compelled the deceased to commit suicide.

9. At the stage of considering an application for anticipatory bail, the Court is not ordinarily required to undertake a meticulous examination of the evidence or record definitive findings on disputed questions of fact.

The relevant considerations include the nature and gravity of the accusation, the specific role attributed to the petitioner, the possibility of his absconding or influencing witnesses, his willingness to cooperate with the investigation, and the necessity of custodial interrogation. The object of anticipatory bail is to protect individual liberty while ensuring that the investigation and administration of criminal justice are not prejudiced. Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565; Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694.

10. The allegation of abetment has to be considered in the light of the statutory ingredients of the offence. Section 45 of the BNS defines “abetment”, while Section 108 provides for the offence of abetment of suicide. Abetment requires instigation, conspiracy coupled with an act or illegal omission in pursuance thereof, or intentional aiding. The Hon’ble Supreme Court has consistently held, while interpreting the corresponding provisions of the Indian Penal Code, that abetment involves a mental process of instigation or intentional aiding and ordinarily requires a positive act or conduct sufficiently proximate to the occurrence and accompanied by the requisite mens rea. Mere harassment, a casual remark, or conduct not disclosing the necessary intention, without more, would not constitute instigation to commit suicide.

11. In the present case, the material available at this stage does not disclose any specific positive or overt act, apart from the alleged refusal to marry. Having regard to this allegation and the petitioner’s expressed willingness to cooperate with the investigation, and no convincing material has been placed before the Court to demonstrate that his custodial interrogation is indispensable, this Court is of the view that the petitioner’s prayer for anticipatory bail merits favourable consideration.

12. Accordingly, this Criminal Petition is allowed, subject to following conditions. (A) The petitioner/accused shall surrender before the Station House Officer, Chiragpally Police Station, Sangareddy District, on or before 22.10.2026. 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. (B) The petitioner shall appear before the Investigating officer on every Tuesday and Wednesday between 10.00AM to 03.00PM, for a period of eight (8) weeks from the date of his release on bail or until the filing of the final result, whichever is earlier. (C) The petitioner shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation.

(D) 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. (E) 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. (F) The petitioner shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS. (G) Any wilful 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.

13. 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.

_________________ N.TUKARAMJI, J Date: 06.10.2026 mmr

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.15983 OF 2026

DATE: 06.10.2026

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