Judgment · High Court · 2025

arguments of Sri. SHAIK AFZAL MOHAMMED Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following: ` HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.2753 of 2025 Order: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has.been filed by the petitioner herein/A1, seeking anticipatory bail, in connection with Crime No.25 of 2025 of Uravakonda Police Station, Anantapuramu dI|StriCt.

A case has been registered against the petitioner herein and others for the offence punishable under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short lthe BNSl).

Case of the prosecution, in brief, is that the deceased borrowed amounts to the tune of Rs.10,00,OOO/-from Al to A4 and thereafter the deceased repaid the said amount along with interest to the accused. But, on 08.02.2025, at about 03.00 PM, Al to A4 are alleged to have gone to the house of the deceased and harassed him for want of additional amount of Rs.4,00,000/- and interest. Unable to bear such harassment of accused, the deceased went into the upstairs room of his house and \-_ ~>3 c=, =- C-- inIII 2 ~y committed suicide by hanging himself. Basing on the report lodged by the wife of the deceased, the present case has been regI'Stered agaI'nSt the accused.

Heard. Perusedtherecord.

The accusation made against the petitioner herein/Al and other accused is that they went to the house of the deceased on

08.02.2025, at about o3.00 PM, and are alleged to have demanded the deceased to repay the amounts which were given to him. when the deceased expressed his inability to pay the amount, the accused are alleged to have abused the deceased and further uttered as if tlyou should pay or die". on the same day, the deceased committed suicide by hangl'ng himself.

ln order to attract the offence under section 108 of the BNS, it Its essential that the ingredients of section 45 of the BNS have to be satisfied. As per Section 45 of the BNS, abetment may be by instigating a person to commit an offence; by engagl'ng in a conspiracy to commit an offence or by \\ intentionally aiding a person to commit an offence. A perusal of the material on record, pn,-ma rae,'e, goes to show that the Petitioner herein and other accused abused the deceased for not repaying the amounts that have been lent to him. The petitioner €=`_ a --,- herein Its working as'' a Teacher and if he is arrested there l's every chance that he would lose his job.

In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant antI'CiPatOry bail to the Petitioner herein/Al on the following conditions. i) ln the event of arrest of the petitioner herein/Al in the aforesaid crime, he shall be enlarged on bail on his executing a Personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioner shall make himself aval'lable for interrogation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any Person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. iii) Petitioner shall appear before the station House Officer concerned once in a week i.e, on every sunday between 10.00 AM and 1.00 PM, till filing of the charge sheet.