CRLP/11507/2026 of Devarashetty Nagalaxmi Vs The State of Telangana on 28 July 2026

ORDER

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

2. The petitioner is arraigned as Accused No. 6 in Crime No. 797 of 2026 of Jawahar Nagar Police Station, Malkajgiri, for the offence punishable under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

3. Heard Mr. S. Mahesh, learned counsel for the petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor, representing the respondent-State.

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4. The prosecution case, in brief, is that the mother of the deceased lodged a police report alleging that, against the backdrop of matrimonial disputes between the deceased and his wife, and on account of continuous mental harassment by his wife and her relatives, including the petitioner/accused No.6, the deceased committed suicide. It is further alleged that, prior to his death, the deceased sent a suicide note through WhatsApp to his brother, specifically naming the persons who had harassed him, one of whom was the petitioner. Based on the said report, the crime was registered.

5.1. Learned counsel for the petitioner submits that the petitioner is innocent and was in no way involved in any act of harassment, as alleged. It is further submitted that the petitioner is the daughter of the deceased's wife's sister and is pursuing her studies. Learned counsel further contends that, apart from the petitioner's name being mentioned in the alleged suicide note of the deceased, no other material has been placed on record to prima facie establish the ingredients of Section 108 of the BNS.

5.2. Learned counsel further, placing reliance on the judgment of the Hon'ble Supreme Court in Shenbagavalli and Others v. Inspector of Police, Kancheepuram District and Another, 2025 SCC OnLine SC 987, and the judgment of the Hon'ble High Court of Delhi in Asha Rani v. State of NCT of Delhi and Others, decided on 09.04.2024, submits that the essential ingredients of abetment, including intentional instigation or aid, must be

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established to constitute the offence of abetment of suicide. He further submits that the allegations against the petitioner are general in nature, no specific overt act or role has been attributed to her, and that she is ready and willing to cooperate with the investigation. Accordingly, he prays that anticipatory bail be granted to the petitioner.

6. Learned Assistant Public Prosecutor opposed the petition, contending that the petitioner's name has been specifically mentioned in the suicide note of the deceased. It is further submitted that the existence of matrimonial disputes and the commission of suicide are not in dispute, and that the role of the petitioner surfaced during the investigation on the basis of the suicide note. Learned Assistant Public Prosecutor further submits that the investigation is still underway, the petitioner is not available for investigation, and her custodial interrogation may be necessary for an effective investigation. It is also contended that the grant of anticipatory bail may result in the petitioner's non-cooperation with the investigation. Accordingly, he prays for dismissal of the petition.

7. I have considered the submissions of the learned counsel and perused the material available on record.

8. The gravamen of the allegation against the petitioner is that she, along with the other accused, including the wife of the deceased, subjected the deceased to continuous mental harassment, which allegedly drove him to commit suicide. The material on record discloses that the petitioner's

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name surfaced primarily on the basis of the alleged suicide note, which is stated to have been transmitted by the deceased to his brother through WhatsApp, before the commission of suicide.

9. It is well settled that while considering an application for anticipatory bail under Section 482 of the BNSS, this Court is not expected to undertake a meticulous examination of the evidence or conduct a roving enquiry into the truthfulness of the allegations. Equally, the Court is not required to hold a mini trial or record findings on the merits of the prosecution case. The jurisdiction under Section 482 of the BNSS is intended to safeguard the personal liberty of an individual while ensuring that the investigation is not impeded. The Court is, therefore, required to strike a delicate balance between the fundamental right to personal liberty and the societal interest in ensuring a fair, effective, and uninhibited investigation.

10. In Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, the Hon'ble Supreme Court exhaustively laid down the principles governing the grant of anticipatory bail and held that the discretion vested in the Court must be exercised judiciously after considering, inter alia, the nature and gravity of the accusation, the role attributed to the accused, the antecedents of the accused, the possibility of the accused fleeing from justice, the likelihood of influencing witnesses or tampering with evidence, and the necessity for custodial interrogation. Likewise, in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Hon'ble Supreme Court cautioned

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against unnecessary arrests and observed that arrest should not be made merely because it is lawful to do so, but only when it is necessary for the purposes of investigation.

11. In the case on hand, although the allegation pertains to the commission of suicide, which is undoubtedly a grave matter, the material presently available against the petitioner is confined substantially to the reference made to her in the alleged suicide note. Except such allegation, no specific material has, at this stage, been brought on record demonstrating any overt act, intentional instigation, or active participation on the part of the petitioner warranting an immediate conclusion regarding her culpability. Whether the allegations satisfy the essential ingredients of abetment under Section 108 of the BNSS, is a matter to be investigated and ultimately adjudicated upon during the trial.

12. Further, the petitioner has expressed her willingness to cooperate with the investigating agency. There is presently no material to indicate that she is likely to abscond, evade the process of law, tamper with the prosecution evidence, or influence the witnesses. The prosecution has also not placed any specific material demonstrating a compelling or indispensable necessity for custodial interrogation of the petitioner at this stage. Having regard to the totality of the facts and circumstances, this Court is inclined to extend the benefit of anticipatory bail to the petitioner, subject to appropriate conditions

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to secure her availability during the course of investigation and to adequately safeguard the interests of the prosecution.

13. Accordingly, the Criminal Petition is allowed. The petitioner/Accused No.6 shall be enlarged on anticipatory bail, subject to the following conditions: (A) The petitioner/Accused No.6 shall surrender before the Station House Officer, Jawaharnagar Police Station, Malkajgiri, on or before 12.08.2026. Upon such surrender or in the event of arrest, the Station House Officer shall release the petitioner/Accused No.6 on bail on execution of personal bonds 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/Accused No.6 shall remain available for interrogation as and when required by the Investigating Officer during the course of investigation and shall extend full cooperation with the Investigating Officer. (C) The petitioner/Accused No.6 shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS. (D) The petitioner/Accused No.6 shall furnish her complete residential address, mobile number and other contact particulars to the Investigating Officer and shall promptly intimate any change therein. (E) The petitioner/Accused No.6 shall not directly or indirectly induce, threaten, influence, or promise any person acquainted with the

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facts of the case, nor shall she tamper with prosecution evidence in any manner whatsoever. (F) 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.

14. 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. Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 28.07.2026 svl