APHC010135322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 2910/2025 Between: Smt. Nallaballe Devi, ...PETITIONER/ACCUSED A N D The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. G SEENA KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner herein/accused to grant anticipatory bail in connection with Crime No.53 of 2025 of Chapadu Police Station, YSR Kadapa District. 2. A case has been registered against the petitioner herein/accused for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’). 3. Brief facts of the case of prosecution are that, on 02.03.2025 at about 2.30 p.m. at Ayyavaripalli village, Chapadu Mandal, accused and one Paluru Lakshmi kept washed clothes in the middle of vacant house of one Obulesu, who is resident of Proddatur town; that the said Obulesu informed the deceased over phone as to not do keep washed clothes in his house premises and the deceased in turn informed the same to the accused; that the accused, who is sister-in-law of the deceased, abused and insulted the deceased in a public street; that the deceased unable to bear the insult in the hands of the accused, committed suicide by consuming grass pesticide poison; that the deceased was shifted to the Government Hospital, Proddatur and later shifted to Nagadasthagiri Reddy Hospital; that while undergoing treatment, 3 the deceased died on 06.03.2025 at about 1.45 p.m. The case was reported to police and it was registered as a case in Crime No.53 of 2025 of Chapadu Police Station for the aforesaid offence and investigated into. 4. Learned counsel for the petitioner herein/accused would contend that the alleged abetment said to have been made by the petitioner herein/accused is not support by the sufficient proof of incitement to commit suicide by the deceased and that, the deceased is none other than the wife of the brother of the petitioner herein/accused and that, the petitioner herein/accused never abetted the deceased to commit suicide as alleged by the prosecution. 5. Learned Assistant Public Prosecutor for the State would contend that a quarrel ensued between the petitioner herein/accused and the deceased, and the deceased was alleged to have abused and insulted in public place and being offended with the act of the petitioner herein/accused, the deceased committed suicide. Learned Assistant Public Prosecutor would further contend that the investigation is still pending and prays the Court to dismiss the Criminal Petition. 6. Heard both sides. 4 7. To prove an offence punishable under Section 108 of BNS, it is essential that all the ingredients of Section 45 of BNS that the accused contributed to the act of suicide by the deceased and the prosecution must demonstrate an active or direct action by the accused that led the deceased to end his/her own life and in the absence of the same, an offence punishable under Section 108 of BNS could not be made out. 8. A perusal of the material on record goes to show that on 02.03.2025 a quarrel ensued between the deceased and the petitioner herein/accused with regard to removal of washed clothes in the house premises of one Obulesu and in connection with that, it is alleged that the petitioner herein/accused is said to have abused the deceased and that, the deceased, unable to bear the insult, had taken extreme step of committing suicide by consuming poison and thereafter, the deceased was shifted to the hospital and while undergoing treatment, the deceased died on 06.03.2025 at about 1.45 p.m. 9. A perusal of the report goes to show that prima facie, in the facts of the present case, mere abuse of the deceased would not in any way come within the purview of Section 45 of BNS. Therefore, in view of the facts and circumstances of the case, this 5 Court is inclined to grant anticipatory bail to the petitioner herein/accused. 10. Accordingly, in the event of arrest of petitioner herein/ accused in the above crime, she shall be released on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the arresting officials, and also on condition that the petitioner herein/accused shall make herself available for investigation as and when required and that she shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner herein/accused shall appear before the Station House Officer concerned one in a week i.e. on every Saturday between 10.00 a.m. and 1.00 p.m., till filing of the charge sheet. 11. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. _______________________ __ JUSTICE K. SREENIVASA REDDY 28th March, 2025. DNB