IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1679 of 2026 DATE: 17.02.2026 Between:

Mamidipally Hemalatha ….. Petitioners/

Accused Nos.2 to 5 And State of Telangana, Through Public Prosecutor, High Court at Hyderabad.

….. Respondent/

Complainant

O R D E R

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre- arrest bail to the petitioners-accused Nos.2 to 5 in Crime No.73 of 2026 before the Armoor Police Station, Nizamabad District, registered for the offences punishable under Sections 85 and 108 of Bharatiya Nyaya Sanhita, 2023 (BNS).

2. Heard Sri K. Mohan Goud, learned counsel for petitioners as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

3. Learned counsel for the petitioners submitted that accused Nos.1 and 2 have already been arrested, and therefore, the petition insofar as they are concerned does not survive for adjudication. He further submitted that petitioner Nos.3 and 4 are the sisters-in-law of the deceased, who never resided with the deceased and accused Nos. 1 to 3 and have no connection with the alleged offences and that petitioner Nos.3 and 4 never abetted the deceased to commit suicide, and hence Section 108 of BNS is not applicable to them. Therefore, prayed the Court to grant anticipatory bail to petitioner Nos.3 and 4.

4. Considering the overall facts and circumstances of the case and submissions of learned counsel for the petitioner, this Court finds that the petition against accused Nos. 2 and 3 is dismissed as infructuous. Since the punishment prescribed for the alleged offences except Section 108 of BNS is less than seven years, this Court deems it appropriate to direct the petitioners-accused Nos.4 and 5 to appear before the Investigating Officer on or before 26.02.2026 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously Section 41-A of Cr.P.C.) and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1 scrupulously. However, the petitioners-accused Nos.4 and 5 shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

5. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 17.02.2026 ss

1 (2014) 8 SCC 273

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1679 of 2026 Date: 17.02.2026 SS