CRLP/11234/2026 of Pandula Janakamma Vs The State of Telangana on 24 July 2026

ORDER:

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of anticipatory bail.

2. The petitioners are arrayed as Accused Nos.5 and 6 in FIR No.78 of 2026 on the file of Dharur police station, Vikarabad District registered for the offences punishable under Sections 108 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

3. Heard Mr.Rajagopallavan Tayi, learned counsel for the petitioners, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent/State.

4. The prosecution case, in brief, is that in the back drop of the disputes between the deceased and accused No.3 and her family members, on the complaint of accused No.3, Crime No.141 of 2026 was registered against the deceased for offences relating to sexual exploitation on a false promise of marriage, criminal intimidation, and circulation of intimate photographs and videos. It is further alleged that, owing to threats and harassment by accused No.3 and the other accused, the deceased's sister, an A.R. Constable, committed suicide on 29.04.2026, leading to registration of Crime No.59 of 2026 against them. The prosecution alleges that despite the pendency of the aforesaid criminal cases, accused No.3 and her associates, including the present petitioners, continued to harass and intimidate the deceased. On 04.06.2026, the deceased was found hanging from a Eucalyptus tree near Dharur. During investigation, a handwritten suicide note was allegedly recovered from his person, specifically naming the petitioner and certain others as responsible for driving him to commit suicide. Based on the complaint of the de facto complainant and the contents of the suicide note, the present crime was registered, arraying the petitioners as accused Nos.5 and 6.

5. Learned counsel for the petitioners submits that they have been falsely implicated and had no role in the alleged suicide. The dispute, according to him, was exclusively between the deceased and accused No.3, in which the petitioners had neither personal involvement nor independent interest. It is further submitted that accused had merely reported to their superior authorities about disturbances allegedly caused by the deceased and accused No.3 in the hospital premises. Thereafter, the deceased allegedly made threatening phone calls to the petitioners, and the relevant WhatsApp communications are available and can be produced during investigation. Learned counsel contends that, apart from the allegations in the complaint and the alleged suicide note, no independent material has been collected showing any overt act, instigation, intentional aid, or active participation by the petitioners in the commission of suicide. It is submitted that the petitioners have no criminal antecedents, are willing to cooperate with the investigation, and apprehend arrest, which would cause them irreparable hardship. They, therefore, seek anticipatory bail.

6. Learned Additional Public Prosecutor opposed the petition, contending that the allegations disclose a prima facie case of abetment of suicide punishable under Section 108 of the BNS. It is argued that the present case forms part of a continuing chain of events arising out of the disputes between the deceased and accused No.3. It is submitted that, notwithstanding the earlier criminal cases and the suicide of the deceased's sister, accused No.3 and her associates, including the petitioners, continued to intimidate and harass the deceased. The petitioners, along with the co-accused, allegedly called the deceased outside the Government Hospital, Vikarabad, and assaulted and harassed him on several occasions. The deceased is stated to have informed his family members about these incidents from time to time. The learned Additional Public Prosecutor further submits that the deceased committed suicide on the date of the occurrence, and the suicide note recovered from his pocket specifically blamed the accused for his death. The material collected during investigation prima facie indicates sustained harassment and mental torture inflicted upon the deceased. As the investigation is at a nascent stage and custodial interrogation of the petitioners may be necessary for a fair, complete, and effective investigation, it is contended that the petitioners are not entitled to the extraordinary relief of anticipatory bail.

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

8. The petitioners have been implicated primarily on the basis of the allegations in the complaint and the suicide note allegedly recovered from the deceased. The material on record indicates that the present prosecution cannot be viewed in isolation but forms part of a series of events arising out of the disputes between the deceased and accused No.3, which resulted in the registration of Crime No.141 of 2026 against the deceased and Crime No.59 of 2026 against accused No.3 and others in connection with the suicide of the deceased's sister.

9. At this stage, except for the allegations that the petitioners supported accused No.3, called the deceased outside the hospital premises, and participated in assaulting him, no prima facie material has been placed before this Court demonstrating any specific overt act attributable to the petitioners amounting to instigation, intentional aid, or active participation in the commission of suicide. It is well settled that, to constitute the offence of abetment of suicide under Section 108 of the BNS, there must be prima facie material disclosing the requisite mens rea and a direct or proximate act of instigation, incitement, or intentional aid that leaves the deceased with no option but to commit suicide.

10. Having regard to the nature of the allegations, the absence of criminal antecedents, the petitioners' willingness to cooperate with the investigation, and the absence of any material suggesting that they are likely to abscond, influence witnesses, or tamper with evidence, this Court is of the view that custodial interrogation is not indispensable at this stage. The interests of the investigation can be adequately protected by imposing appropriate conditions ensuring the petitioners' availability and cooperation, while safeguarding their right to personal liberty.

11. Resultantly, the Criminal Petition is allowed. The petitioners shall be enlarged on bail, subject to the following conditions: (A) The petitioners/Accused Nos.5 and 6 shall surrender before the Station House Officer, Dharur Police Station, Vikarabad District on or before 07.08.2026. Upon such surrender or in the event of arrest the Station House Officer shall release them on bail on execution of a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each, to the satisfaction of the said officer. (B) The petitioners shall remain available before the Investigating Officer, as and when required during the course of the investigation and shall extend full cooperation to the Investigating Officer.

(C) The petitioners shall appear before the Investigating officer on every Tuesday and Thursday between 11.00 am and 02.00 pm for a period of eight (8) weeks from the date of their release on bail and shall cooperate with the investigation in all respects. (D) The petitioners shall furnish their complete residential addresses and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation. (E) The petitioners shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall they tamper with the prosecution evidence in any manner whatsoever.

12. It is made clear that the observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as expressing any opinion on the merits of the case.

Miscellaneous applications, if any pending, shall stand closed.

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N.TUKARAMJI, J

Date: 24.07.2026 CHS

THE HON’BLE SRI JUSTICE N. TUKARAMJI

CRIMINAL PETITION No.11234 OF 2026

24.07.2026 CHS