Pre-arrest bail may be denied in cases of abetment of suicide when there are grave allegations of harassment supported by a dying declaration recorded by a Judicial Magistrate.

ORDER

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, who are arrayed as accused Nos.1 and 2 in Crime No.24 of 2026 before the Urkonda Police Station, Nagarkurnool, registered for the offences punishable under Section 85 of BNS.

2. The brief facts of the case are that as per the FIR the de facto complainant alleged that his father (A-1) developed an illicit relationship with petitioner No.2 (A-2) about 15 years ago and neglected his legally wedded wife and children, subjecting them to continuous harassment. Due to such neglect and mental distress, the complainant’s mother consumed poison on 03.02.2026 and later died while undergoing treatment in the hospital. Based on the complaint, a case was registered against the petitioners for abetment of suicide.

3. Heard Sri K. Venkatesh Gupta, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the case and that there was no instigation, abetment, or intentional act on the part of the petitioners leading to the suicide, and even if the allegations are taken at face value, the ingredients of the alleged offences are not made out. He further submitted that petitioner No.1 is a government employee and petitioner No.2 is a housewife, they are law-abiding citizens, and the investigation is substantially completed. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5. Learned Additional Public Prosecutor opposed the petition stating that there are specific allegations against the petitioners regarding harassment and neglect, which drove the deceased to commit suicide. He contended that the acts of the petitioners have a direct nexus with the suicide and the investigation is still in progress. Therefore, at this stage, granting of pre-arrest bail to the petitioners does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by the learned counsel for the petitioners as well as the learned Additional Public Prosecutor, and upon perusal of the material available on record, it appears that the main allegation against the petitioners is that they subjected the deceased to continuous harassment, which ultimately led her to commit suicide. As seen from the record, there are serious allegations against the petitioners. Further, having regard to the statement of the victim recorded by the learned Judicial Magistrate, the contents of the dying declaration disclose specific and grave allegations against the petitioners. In view of the same, this Court is not inclined to grant pre-arrest bail to the petitioners at this stage and the same is liable to be dismissed.

7. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed.