Sri. Nagurla Venkateshwarlu vs The State Of Telangana on 10 July, 2026

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    Telangana High Court

    Sri. Nagurla Venkateshwarlu vs The State Of Telangana on 10 July, 2026

    Author: N.Tukaramji

    Bench: N.Tukaramji

          IN THE HIGH COURT FOR THE STATE OF TELANGANA
                               AT HYDERABAD
    
             THE HONOURABLE SRI JUSTICE N.TUKARAMJI
    
                   CRIMINAL PETITION No11094 OF 2024
    
                              DATE: 10.07.2026
    
    Between :
    
          Mr. Nagurla Venkateshwarlu and another
                                          ... Petitioners/Accused Nos.1 & 2.
                        AND
          The State of Telangana, rep., by the Public Prosecutor, High
          Court of Telangana, Hyderabad
                                                ... Respondent/Complainant
    
    
          Naresh Kumar Dumala.
    
    
                                      ... Respondent/Defacto-complainant.
    ORDER:

    This Criminal Petition is filed under Section 528 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking to quash the

    SPONSORED

    proceedings against the petitioners in Crime No.84 of 2024 of Parkal

    police station of Warangal District, registered for the offences under

    Sections 306 r/w 511 of the Indian Penal Code (for short, “IPC“).

    2. Heard Mr. H. Venugopal, learned senior Counsel appearing for

    Mr. N. Mukunda Reddy, learned Counsel for the petitioners; and
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    learned Additional Public Prosecutor appearing for respondent No.1-

    State.

    3. The prosecution case, in brief, is that the petitioners demanded

    payment of an amount of Rs.1.20 crores from the father of the de facto

    complainant, threatened him with dire consequences, compelled him to

    execute certain documents under coercion, and continuously subjected

    him to harassment. It is alleged that, being unable to withstand the said

    harassment arising out of the monetary dispute, the father of the de

    facto complainant consumed pesticide on 04.04.2024 at about 2:30

    p.m. and was thereafter shifted to the hospital for treatment. Pursuant

    thereto, the present crime came to be registered.

    4.1. Learned Senior Counsel appearing for the petitioners would

    submit that the initiation and continuation of criminal proceedings

    against the petitioners is wholly unsustainable, as the allegations made

    in the complaint, even if taken at their face value and accepted in their

    entirety, do not disclose the essential ingredients necessary to

    constitute an offence punishable under Section 306 read with Section

    511 of IPC. It is contended that the allegations lack the fundamental

    requirement of abetment which could have driven the victim to attempt

    suicide.

    4.2. It is the specific case of the petitioners that the complaint has

    been lodged with an intention to convert a purely civil and commercial
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    dispute into a criminal proceeding. According to the petitioners, the

    dispute between the parties arose out of business transactions and

    financial dealings in connection with “M/s. Somnath Chit Fund Ltd.” and

    “Orbit Chem Pharmaceuticals Pvt. Ltd.”, wherein the parties were

    associated as Directors and shareholders. It is submitted that the

    issues relating to their respective rights and liabilities had already been

    settled by way of a settlement deed dated 04.04.2021, which was

    voluntarily executed between the parties.

    4.3. Learned Senior Counsel would further contend that mere

    demand for money arising out of a business transaction, alleged

    threats, or exchange of words during a financial dispute would not

    constitute instigation. Unless there is a clear mens rea and a direct or

    proximate act intended to provoke or compel the victim to commit

    suicide, the alleged offences cannot be attracted. It is submitted that

    the complaint does not disclose any specific overt act showing that the

    petitioners had intentionally created circumstances leaving the victim

    with no option except to take the extreme step.

    4.4. Placing reliance on the judgments of the Hon’ble Supreme Court

    in Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618; Sanju

    @ Sanjay Singh Sengar v. State of Madhya Pradesh, (2002) 5 SCC

    371; Swamy Prahaladdas v. State of Madhya Pradesh, 1995 Supp (3)

    SCC 438; and Jangam Ravinder v. State of Andhra Pradesh, Criminal
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    Appeal No.975 of 2013 dated 23.09.2023, learned Senior Counsel

    submitted that the principle emerging from the aforesaid decisions is

    that mere harassment, demand for money, abusive language, or

    statements made during a dispute, in the absence of a clear intention,

    active instigation, or proximate act compelling the victim to commit

    suicide, would not satisfy the ingredients of abetment of suicide.

    Therefore, in the absence of a prima facie case against the petitioners,

    continuation of criminal proceedings would amount to an abuse of the

    process of law, and accordingly prayed for quashment of the

    proceedings.

    5.1. Learned Additional Public Prosecutor opposed the petition and

    submitted that the allegations made in the complaint and the material

    collected during the course of investigation prima facie disclose

    commission of the alleged offences against the petitioners/accused. It

    is submitted that the complainant’s father and the accused were jointly

    associated with the business of M/s. Somnath Chit Funds and, after

    separation of their business affairs, disputes arose between them

    regarding monetary transactions. It is alleged that accused No.1

    demanded an amount of Rs.1.20 crores from the victim, claiming the

    same to be due in connection with the Chit Fund business.

    5.2. It is further submitted that accused No.1 called the victim for

    discussions regarding the said monetary dispute, threatened him with
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    dire consequences in the event of non-payment of the amount, and

    forcibly obtained his signatures on certain documents. The prosecution

    further alleges that accused No.1, along with his employee accused

    No.2, continuously harassed the victim by repeatedly making phone

    calls, abusing him, demanding payment of money, and provoking him

    with words to the effect that he should either pay the amount or die.

    5.3. He would further submit that due to such continuous harassment

    and mental pressure allegedly caused by the accused persons, the

    victim became distressed and consumed pesticide at his residence,

    thereby attempting to commit suicide. It is submitted that the victim

    survived only because of timely medical intervention. Upon

    consideration of the entire material collected during investigation,

    sufficient material exists to show that the petitioners abetted the

    victim’s attempt to commit suicide. Therefore, as the allegations involve

    disputed questions of fact which cannot be adjudicated in proceedings

    seeking quashment of a criminal case, prayed for dismissal of the

    petition.

    6. I have perused the material available on record.

    7. From the allegations, it is evident that the dispute primarily arose

    out of business transactions, shareholding arrangements, and payment

    of amounts. In the course of such dispute, it is alleged that the

    petitioners threatened the victim, obtained certain documents from him,
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    and repeatedly abused him, which ultimately resulted in the victim

    consuming pesticide.

    8. It is a settled position of law that, in order to constitute an

    offence of abetment of suicide, the ingredients of abetment as defined

    under law must be satisfied. For bringing a case within the scope of

    Section 107 IPC, the essential requirement is the existence of mens

    rea coupled with a positive or active act on the part of the accused

    intended to push or compel the victim to commit suicide. Mere

    harassment, demand for payment of money, business pressure, or

    exchange of harsh words during a dispute would not, by itself, satisfy

    the ingredients of abetment.

    9. The Hon’ble Supreme Court in Ramesh Kumar and Sanju @

    Sanjay Singh Sengar (supra) has held that “instigation” means to goad,

    urge forward, provoke, incite, or encourage the doing of an act, and

    that words uttered in anger or during a quarrel, without intending the

    consequences to follow, cannot amount to instigation. Even where the

    accused allegedly told the deceased to “go and die”, such words

    spoken during a quarrel, without any intention or positive act, would not

    constitute abetment.

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    10. In the instant case, even if the allegations are taken at their face

    value, they indicate the existence of a financial dispute between the

    parties. Except for the allegation that the accused demanded money

    and used threatening or abusive words during the course of such

    dispute, there is no specific material demonstrating any intentional act

    of instigation or active aid on the part of the petitioners with the

    requisite mens rea to compel the victim to commit suicide. The alleged

    words attributed to the accused do not prima facie satisfy the

    requirement of instigation as contemplated under Section 107 IPC.

    11. Therefore, continuation of criminal proceedings, in the absence

    of the basic ingredients constituting an offence under Section 306 IPC

    read with Section 511 IPC, would amount to an abuse of the process of

    law. In view of the principles laid down by the Hon’ble Supreme Court

    in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, wherein it

    was held that the High Court may exercise its inherent jurisdiction

    under Section 482 Cr.P.C. where the allegations do not disclose

    commission of any cognizable offence, this Court is of the considered

    view that this is a fit case to exercise inherent jurisdiction to prevent

    abuse of the process of Court and to secure the ends of justice.

    12. Accordingly, the Criminal Petition is allowed. Consequently the

    proceedings against the petitioners/Accused Nos.1 and 2 in C.C. No.84
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    of 2024 pending on the file of the Parkal Police Station, Warangal, are

    hereby quashed.

    Miscellaneous applications pending, if any, shall stand closed.

    
    
    
    
                                                         _______________
    Date: 10.07.2026                                     N.TUKARAMJI, J
    
    MRKR
     



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