THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5417 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner/accused seeking bail in Crime No.506 of 2025 of Kukatpally Police Station, Cyberabad, registered for the offences punishable under Sections 108 and 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. The case of prosecution in brief is that the de facto complainant lodged a complaint stating that he is having only one daughter Laxmi Priya. While pursuing B.Tech., she fell in love with the petitioner and he performed marriage about 18 months back to her daughter and the petitioner and both moved to Kukatpally and doing software jobs and his daughter was six months pregnant. The petitioner developed illegal relationship with another lady, due to which, he has been harassing, abusing and beating his daughter and the same was informed by his daughter to him. When his daughter asked the petitioner about illegal relationship with another lady, the petitioner stated that “if you want to live with me, live, otherwise go and die”. On

11.04.2025 at about 9.30 hours, the de facto complainant got know that his daughter died by hanging. Basing on the said complaint, the present crime was registered.

3. Heard Mr. Y. Shreyas Reddy, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the present crime. Even according to the allegations made in the complaint as well as in the remand report, the ingredients of Section 108 of the BNS are not attracted against the petitioner and the other offence i.e., Section 85 of the BNS is concerned, the same is punishable with an imprisonment of less than seven years. The petitioner never instigated the deceased to commit suicide. Mere abusing the word that ‘go and die’ does not come within the purview of Section 108 of the BNS. He further submitted that at the time of incident, the petitioner was not present in house. Moreover, the brother of the deceased was residing in the house of the petitioner. The petitioner in his confessional statement specifically stated that the brother of the deceased was also in his house and prior to the incident, the brother and parents of the deceased mediated the petitioner and the deceased. The petitioner was arrested on 13.04.2025 and since then, he has been in judicial custody. The petitioner is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court. Hence, the petitioner is entitled for grant of bail.

4.1. In support of his contention, he relied upon the following judgments

1. Criminal Appeal No.975 of 2013 in Jangam Ravinder v. The State of A.P., Rep. by its Public Prosecutor, High Court, Hyderabad.

2. Swamy Prahaladdas v. State of Madhya Pradesh1; and

3. Criminal Appeal No.461 of 2025 in Ayyub &

Ors. v. State of Uttar Pradesh and anr.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence. At the instigation of the petitioner only, the deceased committed suicide. The investigation is at threshold. At this stage, the

1 1995 Supp (3) SCC 438

petitioner is not entitled for grant of bail. He further submitted that the judgments relied upon by the learned counsel for the petitioner is not applicable to the facts and circumstances of the case.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner and deceased got married in the year 2023 and the deceased was six months pregnant at time of incident. There is specific allegation mentioned in the complaint that the petitioner developed illegal relationship with another lady, due to