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CDJ 2026 APHC 062 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 12996 of 2025
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Petitioner Versus Respondent
Appearing Advocates : For the Petitioner: ---- For the Respondent: ---
Date of Judgment : 16-01-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Judgment :-

1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.174 of 2025 of Bhimavaram Rural Police Station, Bhimavaram, West Godavari District, registered against the Petitioner/Accused herein for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

3. Learned counsel for the petitioner submits that petitioner is innocent and he has not committed any offence. He was falsely implicated in this case. He is a dental doctor having finished his post graduation. He has been in judicial custody in the past 58 days. The ingredients of abatement to commit suicide are not attracting to the case and urged to enlarge the petitioner on bail. He is willing to abide by any condition which this Court deems fit while enlarging the petitioner on bail.

4. Per contra, Ms.P. Akhila Naidu, learned Assistant Public Prosecutor and Sri S.Srinivasa Rao, learned counsel for respondent No.2 vehemently opposed the grant of bail to the petitioner on the ground that investigation is at progressive stage. The petitioner has made a false promise to marry the victim (deceased) and the victim was unable to bare the deception played by the petitioner, she resorted to extreme step of committing suicide by hanging herself. The petitioner/accused caused so much of distress to the victim who is a dental medico and urged to dismiss the petition as the investigation is at progressive stage.

5. As seen from the record especially the FIR, there are no allegations of sexual abuse by the petitioner against the victim. The petitioner is a Dentist, did his MDS. As per the allegation of the De-facto complainant, the father of the deceased, the victim having completed her 4th year BDS, she was doing as house-surgeon. The victim and petitioner loved each other for about 2 years. The victim revealed to De-facto complainant that she had love affair with the petitioner for the past 2 years; the petitioner and the victim decided to marry; when the parents of the victim asked the victim whether they would negotiate with the petitioner or his parents for their marriage, the victim replied that she would deal with the issue; when the victim requested the petitioner to marry, the petitioner informed her that his parents were looking alliance for him and he was not interested in marrying the victim; if their marriage is arranged, the petitioner would die. Later on 11.11.2025, at 8.30 PM when the victim called the petitioner, he replied that his engagement is going to be held on coming Monday; he advised the victim to marry another person and further replied that the victim should not call him again, and she should forget him.

6. The De-facto complainant further mentioned in his report that he consoled the victim/his daughter that she should be brave and he would bring the best alliance to her. Even though the de-facto complainant called several times the victim over mobile phone, there was no response from her end. Later, it was found that the victim committed suicide by hanging herself to the ceiling fan. There was a call data in between the victim and petitioner for about 41 minutes on 11.11.2025. The victim resorted to extreme step of committing suicide on 12.11.2025. On 12.11.2025, there is no call data between the petitioner and the victim. The petitioner was arrested on 19.11.2025. He has been in judicial custody for the past 58 days. The petitioner as mentioned supra is a dental surgeon. He is a permanent resident of Kukatpally, Medchal District, Cyberabad, Telangana. He has got fixed abode. So far 15 witnesses are examined. In the facts and circumstances of the case, by examination of 15 material witnesses, substantial portion of the investigation is completed. No application was filed seeking for custodial interrogation of petitioner.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail.

8. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. The Petitioner/Accusedshall be enlarged on bail subject to he executing bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned III Additional District and Sessions Judge, West Godavari, Bhimavaram.

                  ii. The Petitioner/Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

                  iii. The Petitioner/Accused shall not commit or indulge in commission of any offence in future.

                  iv. The Petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required.

                  v. The Petitioner/Accused 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 or to any police officer.

                  vi. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer.

 
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