> lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6140 OF 2025 Betwee n : 1. Addala Nageswara Rao,(A1), S/o. Someswara Rao (late), Aged 49 years, Occ- Agriculture, R/o. H.No. 5-160/1, Kontheru Village, Elamanchili Mandal, West Godavari District. 2. Addala Sujatha, (A2), W/o. Nageswara Rao, Aged 44 years, Occ- Housewife, R/o. H.No. 5-160/1, Kontheru Village, Elamanchili Mandal, West Godavari District. 3. Addala Poojitha,(A3), D/o. Nageswara Rao, Aged 17 years, Occ- Student, R/o. H.No. 5-160/1, Kontheru Village, Elamanchili Mandal, West Godavari District. Petitioners/Accused 1 to 3 AND 1. The State ofAndhra Pradesh, Through S.H.O. Elamanchili Police Station, Police Station, Rep. by Public Prosecutor, High Court ofAP at Amaravati. Respondent/Complainant Petition under Section 482 of BNSS (438 of Cr.P.C.,) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused Nos. 1 to 3 on bail in the event of their arrest in connection with Crime/F.I.R.No. 84 of 2025 on the file of SHO Elamanchili (Yelamanchili) Police Station, West Godavarj District COUNSEL FOR THE PETITIONER : SRI. RAMBABU KOPPINEEDI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER i 2. A case has been registered against the petitioners herein and another for the offence punishable under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short fBNS'). 3. Case of the prosecution, in brief, is that the elder brother of the de facfo' coinplainant committed suicide on 14.12.2024 due to love affair with petitioner No.3 herein/A3, who is residing in their street. As elders advised not to disturb the life of A3, they did not inform the same tc} the police. lt is alleged that petitioner No.1 herein/A1, who is father of A3 started harassing the mother of the de facfo complainant with words in a threatening manner. Due`to continuous harassment of Al and his family members A2 to A4, the de faofo complainant's mother is alleged to have committed suicide by hanging on 14.06.2025 at about 12.00 PM. 4. Heard. Perused the record. 5. Learned counsel for the petitioners herein submits that certain morphed photos were created by the de racfo complainant and his deceased brother against petitioner No.3 herein/A3 and they used to harass her and in connection with that petitioner No.1 herein/A1, who is father of A3, filed a complaint before the police, but the police have pacified both the i- i:I s=rfe---\ F±Fgffffl _irr|± iv_`;`Jg;rf:I;`-l --_ / parties resulted in not filing any case against the de facfo- complainantJs family. - He further submitted that in connection with that, the elder brother of the de facfo complainant has taken the extreme step of committing suicide in December 2024. Thereafter, the de facfo complainant threatened the petitionersJ family alleging that because of the complaint given by the petitioners, his brother has taken the extreme step of committing suicide and he also threatened A3 that he would circulate her morphed photos. ln connection with that, petitioner No.1 herein/Al has resorted in filing a Writ Petition No.31445 of 2024 before this Court an.d pursuant to filing of the said Writ Petition, a case in Crime No.1 of 2025 of Yelamanchili Police Station, under Sections 329(4),131, 351(2) read with 3(5) of the BNS, was registered against the de facfo complainant herein and others, Unable to bear the same, the deceased had resorted in taking the extreme step of committing suicide. He submits that taking advantage of h|ls motherls suicide, the de facfo complainant has foisted the present false case against the petitioners herein and the petitioners are no way connected with- the alleged incident. (_.y- 4 6. Even accepting the entire accusations to be true, pr,'ma rae,'e, there is any element of ambiguity whether the aforesaid offences would attract against the petitioners herein or not. In order to attract the offence under section 108 of the BNS, all the essentI|al ingredients Of Section 45 of the BNS would be attracted that there should be instigation, intentional aiding or driving the woman {o commit su]|cidet on a plain reading of the material on record goes to show that it is only in pursLIant tO the complaint registered-against the deceased family, she had taken the extreme step of committing suicide. There is any amount of ambiguity whether the offence under section 108 of the BNS would attract or not, the same needs examination. 7. ln view of the aforesaid facts and cl'rcumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners herein,'Al to A3 on the following conditl-ons. i) In the event of arrest of the petitioners herein in the aforesaid crime, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of the like sum each to the sa{isfactI-On Of the concerned Arresting Officer. ii) Petitioners shall cooperate with the investigation and they shall make themselves available for interrogation by a police officer as and when required, and they shall not, directly `'=-.i l` .> \+ - _- -A- or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade hI'm from disclosing Such facts tO the Court or to any police offi ce r. iii) Petitioner No.1 herein/Al shall appear before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 AM and 1.00 PM till filing of the charge sheet- 8. The Criminal Petition is, accordingly, allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closecI. sd/- K.TATA RAO DEPUTY //TRUE COPY// RasRA R SECTION OFFICER To] 1. The Judicial Magistrate Of First Class, NarasaPuram. 2. The Station House Officer, ElamanChili (YelamanCh"D Police Station, west Godavari Distr-lot 3. One CC to SRl. RAMBABU KOPPINEEDI Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 5. One spare COPY HIGH'COURT SRK,J DATED :30/06/2025 BAIL ORDER CRLP.NoI6140 of 2025 ALLOWED