Petitioner, brother of accused No.1, sought anticipatory bail in an abetment of suicide case arising from his brother-in-law's death after marital disputes. The court noted specific allegations against him and ongoing investigation with some accused absconding, and declined relief.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 8093 OF2025
Between:
Pallabothu Anil Kumar, S/o. Seethapathi Rao, Aged about 47 yrs, Occ. Pvt Employee, R/o. H.No. 363211911, Old Town Narsaraopet V and M Guntur District, Andhra Pradesh - 522601 .
(Brother of Accused No.1)
...PETITIONER/ACCUSED NO.2
AND
The State of Telangana, Represented by its Public Prosecutor High Court at Hyderabad through SHO, Police Station, Vanasthalipuram, Rachakonda.
...RESPONDENT/COMPLAINANT
Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused no.2 on Anticipatory bail in the event of his arrest in F.l.R No. 472 of 2025 daled 9-4-2025 on the file of Police Station Va nasthalip u ram, Rachakonda
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M P K ADITYA, Advocate for the Petitioner and SRI SYED YASAR MAMOON, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Sole Respondent
The Court made the following: ORDER
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TIIE ITOIV'BLE SR.I JTJSTICE J.SFIEE)NI/AS RAO
CRIWIINAL PETITION No.8O93 of 2025
ORDER:
This Criminal Petition has becn lilcd rrrrdcr Scction 482 of the Bherrerti.va Nagarik Surakslr:r Sarr:Irita, 2O23 (for short, 'BNSS') b_v thc petilioncr, r,vho is arrar crl zrs irccused No.2, sceking anticipatory bail in connect.ir)r with crime No.172 of 2025 on thc filc of tllc Vzrnasthr,r ,i1 uram police Station registcrc-cl for thc olle ncc purtr;lrable uncler Section 108 r/w 3(5) ol tl'rc tlharatiya N , irya Sernl'rita, 2023 (for short 't3NS).
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completedPost-(iraduation' Lateraccr-rsed No' 1has started harassinghis son mcntaliy' Inthc year 2022 'l'ris son took hiswife toHospital and spentrnoney forher treatment sincethen accusedNo ' Iincreasedharassing his son mentally,later his in-laws started harassinghis son/deceasedby making false allcgations'I r-r theyear Au.gust, 2023,accusedNo ltook 4OO gramsof gold and around Rs.3lakl-rs ancl wcnt to her nativepiace Narsaraopet,Ar-idhraPradcsh arnd accused No 1also rnaintainingillegal affair with hcr fricnd ln theyear 2Cl23, sir,cftled a Divorce case inLhe Court' aftersome days they askedher to comcand start again new conjugai life, br.rt strcdenied On 07 'O4 2025'his elder son/deceasedwctlt Lo Narrsaraopct on Courthearing date and on thc samcday atl4'OO hours accr'rscd asked his son to see hisdaughter for that he wcnt to thcir trouse' then theyinsultccl and beat him,kecpingthe previous issues in mind.On OS.O4 2025, his son/deceased wrote a letter,consumedanunknownpoisonanddiedonthespot in his apartrnent.It is furtheralleged thathe suspected that accusedNo.l and others arcresponsiblcforthe death of hisson, hence, he requested totake necessary action.Based on thesame, the prcsent crirne was
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registered for the aforesaid oflences
4.1 Learne<l counsel for the pctitioncr sut;rrr:ttccl that the petitioner hzrs not comrrrittcd any olTcn(:( tnd he was falsely implicatecl in Lhe present crimc onlJ/ orr the groLrnd thal the pctiti()ncr is own brother of accusr-tl No. I and he never harassed the dcccased or insligatecl lrirn Lo cornrnit suicide. Hence, the ingredients of Section lOr3 ()l'BNS are not attractcci against the petitioncr. L.lc furrit,;r submitted that accuscd No.1 and tltc dcccirscd .rr-c residing scparatcly and tl-rerc arc maLrlmonial clispr-rtcs pencling bctween thern ancl accuscd No.'l filr:cl IJI,T()p No.243 of 2023 on the file of learned Senior Civil .Judg,', Narsaraopet seeking dissolution of rlarriage and thc szri<l czrsc is pcnding.
4.2 He further sr.rbmitted that thc petitr,rner lodged a con-rplair-rt ltclorc Narsarrtopet II'I-or,'",r-r l)<>1j,. r. Statton and the sarne was registered against thc clcceer:rcil son of the de facto cornplainant in crime No.36 of 2r)25 for thc oflences punishable und.er Sections I l S(2) rrrrd 1 1g(1) of the BNS. Hc erlso submitted that in thc suir:irtc note a1so, there are no allegations against the petif oner that he instigated the deceased to comrnit suricidc :tnd thc entire
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a-llegations in the cornplair-rt or in thesuicide note arc against accused No.l only. AccuscdNo'3 was already eniarged on bail pursuant to thc ordcrspasscd bythis Court in Crirninal PetitionNo.6365 of 2025on 07.O5.2025. The pctitioner is ckingout his livelihoodby doing privatejob and hc is rcadyand willing to cooperate with the investigation and also abidcby theconditions which are going to be irnposedby this Court. The petitioner is having minor chilclren audhehas tolook after his family asr.r'cll ;ts l-tisolcl agccl tnothcr, rvho is accused No.3. Hencc, heprayed to grant anticipatory bail to the petitioner.
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witnesses. Ilence the petitioncr is not cr-rtit lr:rl Iirr grant of anticipatory bai1.
6 Having considercd the rival sult; rrir.;sions rnade by ttre rcspectivc partics and aftcr perusal r>l lhe matcrial ar.:rilablc on record, it reveals that thcr',: :rr-r: specific allegations levcllcd against thc petition(, r. erncl in the complaint, the role of the petitioncr w-i ts s peciflcally me ntioned to cortnect him $,ith thc ofh:r rc.-:. Lcerrnecl Adclitional Public ProsecuLor placcd Lltc r,r,ritten insLrr-rctions fumisltcd by thc Sub lnspr:r ti.)r' ()f Policc, Vaniesthalipr.rram Policc Station datccl ()l .(_t/.)O')-5, u.hictr shows that only three witnesses were cxantirrecl ancl the rnvcstigation is uncler progress and accuscr I I'Jos. I , 4to6 \'ercl absconding. The recorcl furthcr r(:r crrls that thc petitioner al<>ng wtLh accuscd Nos.l etncl,., approacl-red this Court and filcd Criminal Petition No.,'ri;65 of 2025 sceking anticipatory bail and this Court rlir;misscd thc application irr respect of accused Nos. I artr I a ncl in the pecr-rliar circumslances, this Court grantr.rl ar.rticipatory bail in favor-rr of accuscd No.3, who is nr ther of thc pctitioner, orr thc ground that she was :r13r'C 70 years Mercly becaursc grare ting of anticipat.or-y Lx il Lo z,rccuscd
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No.3 is notaground to grantanticipatory bail tothe petitioner.
a Accordingly,the Criminal Pctitionis dismissed
Asa seqr-relthereto, miscellaneousappiications' if any, pendingin this petition stand closed
Sd/. A. PRATHIMA EPUTY REGISTRAR //TRUE COPY//
SECTION OFFICER
To,
VM/gh
HIGH COURT
DATED: 0810712025
ORDER
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CRLP.No.8093 ot 2025
DISMISSING THE CRIMINAL PETITION
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1 issue framed by the court
Whether anticipatory bail should be granted to accused No.2 in an abetment of suicide case where specific allegations are made against him.
2 provisions across 2 enactments
Pallabothu Anil Kumar
The State of Telangana
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
