THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.5331 of 2025

ORDER

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.3, seeking anticipatory bail in Crime No.50 of 2025 of Damaragidda Police Station, Narayanpet District registered for the offence punishable under Section 108 r/w 49 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Sri J.Rajashekhar Reddy, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-

State.

3. The case of prosecution in brief is that on 07.04.2025 at 10-00 hours the complainant filed a complaint with the police stating that they are three brothers and they were leading their life by doing vaddera work and his elder brother Vadde Mallesh is having four children. His brother's wife Vadde laxmi had illegal relationship with his villager Vinjamuri Thirupathaiah since three years and his brother Mallesh came to know about the same and therefore, he rebuke his wife Laxmi and Thirupathaiah so many times. His brother asked Thirupathaiah about this matter and on that he threatened his brother Mallesh as "I will do same like this only whatever you wanted to do, go and do". In this matter his brother Mallesh and his wife Laxmi have issues several times. Even though both Laxmi and Thirupathaiah rebuked by village elders in this matter, they didn't care about it and continued the same thing. His paternal uncle Lati Basappa scolded his brother Mallesh about this matter several times. On date 06.04.2025 morning his brother went to his work as usual. On the same day afternoon at about 03:50 hours his brother Mallesh received a phone call from his uncle Lati Basappa and he scolded his brother about this matter as "how many times I tell to you, your wife had relationship with another man, don't you have any regret, either you die or kill your wife". Due to which his brother disappointed and came from his work to home on same day night at 09:30 hrs, at the same time disputes happened between his brother and his brother's wife Laxmi, who scolded him in filthy language.

So his brother Mallesh got disappointed and went out of the home without saying to anyone. After some time at about 22:00hrs, our neighbour Vadde Shivaneela came to complainant and said that his brother hanged to the tree near the hill. Then immediately complainant went to the spot and observed that his brother hanged to the tree (Nemali Chettu) near the hill with his lungi. Then immediately they shifted their brother Mallesh to the Narayanpet Government Hospital in Auto, where the doctors declared that his brother had already died. Even though how many times his brother told to his sister in law (Laxmi) without listening to it, she maintained illegal relationship and when his brother asked Thirupathiah, he threatened to kill his brother and his paternal uncle Lathi Basappa scolded as either you die or kill your wife. Hence he requested to take necessary action into this matter as per law and based on said complaint, the present crime was registered for the aforesaid offences.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in this case. He further submitted that the de-facto complainant lodged the complaint against Thirupathaiah and Laxmi only. However, the complaint was prepared by the Writer in the Police Station and obtained the signature of the complainant and registered the present crime implicating the petitioner as accused. Immediately after came to know about the same, the complainant had given a representation to the Superintendent of Police, Narayanpet District through registered post on 09.04.2025, wherein he specifically stated that he has not lodged any complaint against the petitioner. However, the Writer prepared the complaint without his knowledge and implicated the petit