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2025 Supreme(Online)(Tel) 72369

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE K. SUJANA
Smt. Mokenapally Amala – Appellant
Versus
The State of Telangana – Respondent
CRLP 9868/2025



THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9868 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS’) by the petitioner/A.1 seeking anticipatory bail in connection with Crime No.206 of 2025 of Allappur Police Station, Cyberabad. The offences alleged against the petitioner are under Sections 108 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. The facts of the case are that on 25.04.2025 the defacto complainant lodged a complaint stating that the deceased was a native of Kasipet village of Adilabad District and his marriage was performed with the petitioner herein 15 years back and lived in Hyderabad for their livelihood in a rented house at Borabanda and that they have a son. The petitioner herein was having illegal intimacy with one muslim person by name Aijaz who is A.2 and due to the said illegal intimacy, there were frequent quarrels between the couple. In this regard, they also approached police and elders even thereafter, the petitioner herein continued her illegal relationship. Vexed with the attitude of petitioner, her husband committed suicide by falling under a running train who died on the spot. The complainant herein is the brother of deceased and requested the police to take action against the accused.

3. Heard Ms. Ch. Shravani, learned counsel appearing for Sri N.Srinivas, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that petitioner herein is A.1, she is an innocent person, that she is already undergoing immense hardship and loss in her personal life and she has to take care of her minor child, and she is the only bread winner of her family. This complaint is filed only with a malafide intention with a delay of 16 days from the date of alleged incident which raises serious doubt on the veracity of allegations. There are civil disputes between the petitioner and complainant and only to settle the same, the present complaint is filed. Hence, requested this Court to grant anticipatory bail to the petitioner.

5. On the other hand learned Additional Public Prosecutor opposed bail stating that there are serious allegations against the petitioner. The petitioner herein harassed the deceased physically and mentally and due to un-bearable harassment, he committed suicide. As such, requested this Court to dismiss this bail application.

6. Considering the submissions made by both the counsel and the material on record, the allegations against this petitioner is that she had illegal relationship with A.2 and due to the said relationship, and harassment made by the petitioner and A.2, the deceased committed suicide. Considering the severity of the offence, the petitioner is not entitled for bail.

7. Accordingly, the Criminal petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

_______________

K. SUJANA, J Date :20.08.2025

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