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2025 Supreme(Online)(AP) 9220
HIGH COURT OF ANDHRA PRADESH
K Srinivasa Reddy, J
Ramulaboyina Srinivasulu – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 6003 OF 2025
For the Appellant: Ayesha Azma S
For the Respondent: Public Prosecutor
In the absence of clear evidence of instigation, charges under Section 108 BNS did not apply, thus bail was granted.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 and 483 - Petitioner filed for bail in Crime No.162 of 2024 for offences under multiple sections - There was ambiguity regarding the applicability of offences under Section 108 BNS against the petitioner for instigating suicide of deceased. (Paras 6 and 7)
(B) Bail - Although the petitioner was in custody for 137 days without a charge sheet, the Court granted bail based on the ambiguity of accusations without explicit instigation. (Paras 8 and 7)
Facts of the case:
The petitioner was accused of sending obscene photographs related to a loan issue that allegedly led to the suicide of the deceased, with contention of lack of instigation.
Findings of Court:
The Court found ambiguity regarding accusations on the petitioner and granted bail on specified terms.
Issues: The primary issue was the interpretation of Section 108 BNS and the extent of the petitioner's alleged involvement in instigating suicide.
Ratio Decidendi: The Court emphasized the need for clear accusations to apply Section 108 BNS, determining it did not apply in this case due to lack of evidence for instigation.
Result: Criminal Petition is allowed.
| Table of Content |
|---|
| 1. case summary involving loan-related suicide. (Para 2) |
| 2. counsel arguments on absence of charge sheet. (Para 3 , 4) |
| 3. court's analysis on ambiguity of accusations. (Para 5) |
| 4. ratio establishing lack of instigation required for section 108 bns. (Para 6) |
| 5. decision to grant bail under specified conditions. (Para 8) |
This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, has been filed by the petitioner/A5, seeking regular bail, in Crime No.1,62 of 2024 of Maharanipeta Police Station, registered for the offences punishable under Sections 108, 79, 351(2) of BNS and Sections
66-C and 67-A of the IT Act.
2. Case ofth6 prosecutioh, in brief, js that, o8.12.2024, the informant filed a report before the police stating that she was doing house keeping work in s-Imhadri Hospital. Her husband surada Nare'ndra (hereinafter called as deceased), had taken a loan for an amount of Rs.2,000/-from online app, subsequently, he could repay and that on 07.12.2024, she received whatsapp call informing that the deceased had taken loan for Rs.2,000/- and also some obscene morphed photographs of. the informant ` . .> Eiii-
I.--.-.----._ _A .t+
and the deceased. on that, she pal-d Rs.2,000/- through phonepe. she es usual went to Hospital to attend her duty. on 07.01.2024, she received a phone call from her brother-in-law stating that the deceased died by hanging with saree in their room.
3. Learned counsel for the petI-tiOner SubmI-tS that the petitI'Oner has been languishing in jail for the last 137 days, but till today no charge sheet has been filed. She further submits that going by the accusations contained in the remand report, an offence under Sectl-on 108 of the BNS would not attract as agaI'nSt the petI'tiOner herein.
4. On the other hand, learned Assistant public Prosecutor submitted that police did not fI'le Charge Sheet in the present crime and the investigation is still pending.
5. Heard. Perused the record.
6. A perusal of the material on record goes to show that, there llS any amount of ambiguity whether an offence under Section 108 BNS would attract as against the petI-tiOner herein. In order to attract an offence under section 108 BNS, all the essential ingredients of section 45 of BNS have to be compII-ed with. ln the present case, the accusations that have been made agaI®nSt the petI-tiOner herein are that he sent some obscene morphed photographs of the informant and the deceased, upon which, the deceased I-S alleged to have taken the extreme step of committing suicide, and there is any amount of ambI-guity whether the said accusations would attract an offence under Section 108 BNS, and pr,|ma fac,-e there is no accusation as drjr •i- c±
- ----+-I against the petitioner with regard to instigation or aiding of the deceased to commit suicide.
7. ln vl'ew of the aforesaid facts and circumstances of the case, this Court is incII'ned tO grant bail to the petitioner/A5 on the fo]IowI-ng conditions.
i) The petitioner/A5 shall be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfactI'On Of the learned ll Additional chief Judicial Magistrate, Visakhapatnam.
ii) On release, the 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-
8. Accordingly, the Criminal Petition is allowed.
