The High Court · 2025

ORDER This Crirninal Petition is filed under Section 482 of thc Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS) by the petitioner/accused No.3, seeking anticipatory bail in Crirne No.50 of 2025 of Darlaragidda Policc Station, Narayanpet District registered 1or the oflence punishable under Section 1O8 r/rv 49 of the f3haratiyar Nyaya Sanhitha, 2023 (for short 'BNS') 2 I{eard Sri J.Rajashekhar Reddy, learned counsel for the petitioncr and Sri Syed Yasar Mamoon, lcilrned r\dciitior-ral Public Prosecutor appearing for respondent- Sta Le.

3. The case of prosecution in brief is thaL on 07 .O4 .2025 at 1O-OO hours the cornplainant hled a complaint with the police stating that they are three brothers and they were leading their life by doing vaddera u,ork and his elder brother Vadde Mallesh is having four children. His brother's wife Vadde laxrri had illegai relationship with his villager Vinjamuri Thirupathaiah 2 since three years and his brother Mallesh carrre to know about the same and therefore, he rebuke his wife Lacmi and Thirupathaiah so rnany times. His brother asked Thirupathaiah abor-rt this matter and on that he threatened his brother Mallesh as "l rvi1l do sarne like this only whatever you wanted to do, go and do". In this rnatter his brother Mallesh and his wife Laxrni have issues several tirnes. Even though both La;<n-ri and Thirupathaiah rebtrked by village elders in this matter, they didn't care about it and continued the sarrre thing. His paternal uncle Lati Basappa scolded his brother Mallesh about this rnatter several tirnes. On date 06.04 .2025 rnorning his brother went to his work as usual. On the same day afternoon at about O3:5O hours his brother Mallesh received a phone call frorn his uncle Lati Basappa and he scolded tris brother about this rnatter as "how rnany tirnes I tell to you, your wife had relationship with another rnan, don't you have any regret, either you die or kill your wife" Due to which his brother disappointed and carne frorn his work to horne on sarne day night at O9:3O hrs, at the sarne tirne disputes happened between his trrother and his brother's wife Laxrni, who scolded hirn in hlttry language. l l I ! So his brother Mallesh got disappointed and went out of thc horle without saying to anyorre. After sorne time at abor-rt 22:OOhrs, our neighbour Vadde Sl-rivaneela came to l complainant ancl said that his brother hanged to the tree nea r the hill. Then irnrnediately cornplainanl went to the spot and observed that his brother hanged to the tree (Nernali Chettu) near the hill with his 1ungi. Then imrnediately they shifted their brother Mallesh to the N arayanpet Governrnent Hospital in Ar-rto, where the doctors declarecl that his brother had alreadv died. Even though ho\ / rnany times his brother tolcl to fli. t.. l.t "1" law (Laxrni) withor-rt listening to it, she rnaintained illegal relationship and when his brother asked Thirupathieih, he threatened to kill his brother and tris paternal uncle Lathi Basappa scoldecl as either you die or kil1 your wife. Ilence he requested to take necessary action into this rnatter as per lau, and based on said cornplaint, the present crirne u,as registered for the aforesaid offences.

4. Learncd counsel for the petitioner submitted that thc petitioner has not cornrnitted any offence and he was falsely irnplicated in this case. He further subrnitted that tbe de-facto complainant iodged the cornpiaint against l. 4 Thirupathaiah and Laxrni only. However, the complaint was prepared by the Writer in the policc Station and a' obtained the signature of the complainant and registered ttre present crirne implicating the petitioner as accused. Irnrncdiately after carne to know about the same, the cornplainant had given a reprcsentation to Superintendent of Police, Narayanpet District throtrgh registered post on O9.O4.2O25, wherein tre specihcally stated that he has not lodged any cornplaint against the petitioner. However, the Writer prepared the complaint without his knowledge and irnplicated the petitioner as accused and tkrerefore, requested to take appropria.tc action to delete the name of the petitioner frorn the prescnt crirne i.e. Crirne No.SO of 2025, horvever, he has not taken any action. The petitioner is ready and willing to cooperate with the investigation pending if any and he will abide by the conditions, whicLr are going to bc irnposed by this Court. Hence, prayed to grant anticipaLory bail to the petitioner. 5 Per contra, learned Additional Public Proseclrtor sr-rbrnitted that the petitioner has committed a grave offence and at. the instigation of the petitioner on1y, the ,.ad+-el....E{.!!z ,*.,r'."1x _,./ 5 deceased cornrnitted suicide. Dtrring the conrsc of enquiry, though the crime was registered on O7.O4.2025, wherein the narne of the petitioner is mentioned as accused No.3. Subsequently, the name of the petitioner was :rdded as accused No.1 basing on the invcstigation Hc fi.rrther submitted that the investigation is undcr progress. If the petitioner is granted anticipatoqz bail, he u,il1 interferc with the investigation and tried to influence the witnesses and also the complainant to withdrarv the cornplaint agair-rst the petitioner. Therefore, he is not entitled for grant of anticipatory bail 6 Having considered the rival subrnissions rnade by the respective parties and after perusal of the rrraterial avaiLatrlc on record, it reveals that there is specific allegation against thc petitioner that he instigatecl the deccased to cornrnit suicide, which is attracted to the ingredients of Section iO8 of BNS. Even according to the le:rrncd Additional Pubiic Prosccutor, the investigation is under progress. Taking into consideration the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner, especially when the invcstigation is under progress. T 6 1, 7 Accordingly, the Criminal petition is dismissed. a, As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed. SD/. MOHD.ISMAIL DEPUTY REGISTRAR To, //TRUE COPY// SECT FICER

1. Hon'ble Judicial First Class Magistrate at Kosgi, Narayanpet District. 2. The Station House Officer, Damaraiguda police Station, Narayanpet Drstrict 3. One CC to Sri. Rajashekhar Reddy Jejala Advocate tOpUCl 4. Two CCs to Additonal Public Prosecutor ,High Court of Telangana, Hyderabad

5. Two CD Copies PSNIVPSL M. HIGH COURT DATED:2310412025 ,l ORDER CRLP.No.5331 of 2025 srei { 1E i\]L 206 * SPAT .r) * DISMISSING THE CRIMINAL PETITION