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CDJ 2026 APHC 1415
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 4738 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Dharmala Srikanth Raju Versus The State of Andhra Pradesh, Represented by its Public Prosecutor |
| Appearing Advocates : For the Petitioner: P. Vivek, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 04-08-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Section 306 of the IPC
2. Catch Words:
- anticipatory bail
- pre‑arrest bail
- custodial interrogation
- suicide
- intimidation of witnesses
- bail conditions
- Union leader
- investigation cooperation
3. Summary:
The petitioner, accused No.1, filed a criminal petition under Section 482 of the BNSS seeking pre‑arrest/anticipatory bail for an alleged offence under Sections 108/3(5) of the BNS. The petitioner claims innocence and is willing to comply with court‑imposed conditions. The prosecution opposed bail, fearing interference with investigation. The court noted prior interim protection and the petitioner’s cooperation with the investigating officer. Relying on the precedent that Section 306 IPC applies only with prima facie link to suicide, the court held custodial interrogation unnecessary at this stage. Accordingly, the petition was allowed with stringent bail conditions, including bond, regular appearances, non‑interference with witnesses, and passport surrender.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.39 of 2026, of Rajaommangi Police Station, East Godavari District, for the offence punishable under Sections 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
2. Sri Posani Venkateswarlu, learned Senior Counsel, appearing for Mr. P.Vivek, learned counsel for the petitioner, submitted that the petitioner is innocent and has been falsely implicated in the present case. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. He, therefore, prayed to allow the petition and grant anticipatory bail.
3. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, opposed the petition and submitted that, if the petitioner/accused is granted anticipatory bail, there is every likelihood of his committing similar offences and hampering the investigation. Considering the nature and gravity of the allegations, he prayed for dismissal of the petition.
4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. On a perusal of the record, it appears that the petitioner is arraigned as Accused No.1. He is working as Senior Assistant in ICDS. He is the Union leader. The deceased is Child Development Project Officer of ICDS. The de-facto complainant is the husband of the deceased. The deceased died committing suicide by consuming pesticide. Accused No.2 is the Supervisor. The deceased was aged about 42 years. She informed her husband/de-facto complainant hat Accused No.2 who formerly worked as ICDS Supervisor had been transferred to Kakinada Urban and relieved from duty, but allegedly continued unofficially without joining there and received 10 months pending salary. She further stated that she had reported the matter to ITDA and the Union following which she was allegedly subjected to pressure, harassment and departmental difficulties by the Women and Child Development Employees Union President.
6. This Court vide order dated 30.06.2026 granted interim protection to the petitioner and directed the petitioner to cooperate with the Investigation Officer. Accordingly petitioner had cooperated with the Investigating Officer by attending three times in the process of investigation. The learned Assistant Public Prosecutor also confirmed the same.
7. This Court, in Chilikuri Mariyadas & Another v. State of A.P (2025 SCC Online AP 2379)., in, held that an offence under Section 306 of the IPC would be attracted only when there is prima facie material showing a proximate link between the acts of the accused and the commission of suicide, coupled with the requisite intention to instigate or intentionally aid the deceased to commit suicide.
8. Having regard to the nature of the allegations and the facts and circumstances of the case, this Court is of the view that the custodial interrogation of the petitioner is not warranted at this stage. The apprehension of the prosecution that the petitioner may hamper the investigation or commit similar offences can be adequately addressed by imposing appropriate conditions.
7. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. In the event of his arrest, the Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials;
ii. The Petitioner/Accused No.1 shall make himself available for investigation as and when required;
iii. The Petitioner/Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses;
iv. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
v. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
vi. The Petitioner/Accused No.1 shall surrender his passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect.
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