Criminal Petition No. 13598 of 2025 · High Court · 2025

Order

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 by petitioners/A.1 to A.13 seeking anticipatory bail in connection with FIR No.99 of 2025 of Neelvai Police Station, Ramagundam. The offences alleged against the petitioners are under Sections 108 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.

2. The facts of the case are that on 02.10.2025, during the Dussehra festival at about 9:30 PM in Nilvai village, a DJ sound system led by Chintakindi Kamala was played at high volume, causing disturbance to the residents, his father, Eta Madhukar, along with others, tried to contact the local sub-inspector. When there was no response, they called the emergency number 100 to lodge a complaint. Later that night, Gali Madhu, Chennuri Sammayya, Minister Ramesh, Kamala, Manepalli Mallesh, and others came to their house and verbally abused and threatened his father with serious consequences. On 03.10.2025, the Sub- Inspector Koteshwar called his father and informed him that a case had been registered against him and when his father - 2 - visited the police station, he reported that he feared for his life due to threats from Gali Madhu and others. However, a false complaint was filed against him, accusing him of attempting to rape a woman named Kondapalli Lakshmi, and a case of attempted rape and atrocity was registered against his father. It is also stated that his father was the BJP Vemanapalli Mandal President and was preparing to contest as a ZPTC member. To damage his political reputation, Rudrabhatla Santosh Kumar, Sobir Ali, Gali Madhu and Chennuri Sammayya, among others, conspired to file false cases against him. He was repeatedly harassed by the police due to which his father committed suicide by hanging as such requested the police to take necessary action against the accused for the said offences.

Heard Sri V.Raghunath, learned Senior counsel appearing for Ms. V.Sanjana, learned counsel for the petitioners, Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent-State and Sri J.Prabhakar, learned Senior Counsel appearing for Sri Sanjeev Reddy Gillela, learned counsel appearing for respondent No.2.

4. The contention of learned counsel for the petitioners is that petitioners are falsely implicated in this case with an - 3 - ulterior motive to harass them as they belong to congress party, the petitioner/A.11 is a victim of atrocity, lodged a report vide Cr.No.95 of 2025 under SC/ST Act against the deceased and the present case is a counter blast to the said case. The investigating officer conducted preliminary enquiry and thereafter what had conspired, the petitioners had no knowledge. He further contended that to attract Section 108 of BNS there must be actual instigation, provocation which is the important ingredient. Due to registration of this crime the petitioners are apprehending arrest as the BJP party is trying to influence the local police to get them arrested. Further, to gain sympathy, it is propagated that the deceased died due to the acts of petitioners. Hence, prayed this Court to grant anticipatory bail to the petitioners.

5. On the other hand, learned Senior counsel appearing for the 2nd respondent filed counter alleging that the petitioners are liable for punishment for abetting the deceased to commit suicide. The deceased had written a suicide note mentioning the names of some of the accused. The accused lodged a false complaint against the deceased in Cr.No.95 of 2025 under SC/ST Act to harass him. The deceased lodged a complaint against the accused in Cr.No.96 of 2025 for the offences under - 4 - Sections 292, 351(2) of BNS alleging that he has life threat in the hands of accused but the police did not take any action as they belong to the ruling party. Registration of Cr.No.96 of 2025 against the accused was not brought to the notice of this court. The accused No.8 in the above crime threatened one of the witnesses for which a crime has been registered in Cr.No.104 of 2025 for the offences under Sections 296(b), 351 (2) of BNS at Neelwai Police Station. It is further submitted that the accused filed Crl.P.No.13500 of 2025 to quash the same, but this Court granted stay of arrest of all the accused in the said crime. Further there is threat to the life of complainant in the hands of petitioners, as such, prayed this Court not to grant bail to the petitioners and to dismiss this petition.

6. Having regard to the submissions made by the both the counsel and the material on record the suicide note filed by the 2nd respondent shows that A.1 to A.3 are responsible for the death of deceased. The names of A.4 to A.13 are not mentioned in the said suicide note. Considering the allegations against the petitioners/A.1 to A.3 that due to the false case filed by A.3, the deceased committed suicide, this Court is not inclined to grant bail to petitioner Nos.1 to 3/A.1 to A.3. Hence, the petition - 5 - against petitioner Nos.1 to 3/A.1 to A.3 is dismissed. However, the petition against petitioner Nos.4 to 13 is allowed subject to the following conditions : i. ii. iii. Police to A.13 petitioners/A.4 The the Station House surrender before Station, Neelvai Officer, Ramagundam within two weeks today, and on such surrender, the said Station House Officer shall release the petitioners on bail on their executing a personal bond for Rs.25,000/- (Rupees Twenty five Thousand only) each with two sureties, for the like sum each. The petitioners/A.4 to A.13 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required. The petitioners/A.4 to A.13 shall abide by the other conditions stipulated in Section 482(2) of BNSS Investigating Officer in investigating the case. co-operate with

7. Accordingly, the Criminal Petition is partly allowed. Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date : 12.11.2025 Rds - 6 - THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13598 OF 2025 DATE :12.11.2025 Rds