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2020 Supreme(Telangana) 787
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
KUNURU LAKSHMAN, J.
Gudur Sandeep Reddy and Others – Appellants
Versus
The State of Telangana – Respondent
Criminal Petition Nos. 5819, 5939, 5961, 6095, 6097 of 2020
Decided On : 02-12-2020
Advocate Appeared:
For the Appellants : Katika Ravinder Reddy, P. Vishnuvardhan Reddy.
Headnote:(A) Indian Penal Code - Sections 120B, 302, 365, 452, 509, 323, 506 - Honour Killing - A case involving an attempted murder and conspiracy to murder due to inter-caste marriage - The role of each accused in the crime was detailed in the remand report, showing a direct conspiracy orchestrated by the family of the de facto complainant. The parents and other accused, feeling dishonored by the inter-caste marriage, engaged in a calculated plan to kidnap and kill the deceased, which resulted in his murder on 24.09.2020. (Paras 3, 4, 34)
(B) Fundamental Rights - Articles 14, 15(1), 17, 19(1), 21 - Violation of individual rights due to caste-based social practices - The court highlighted the need for societal change regarding casteism and honour killings, emphasizing the constitutional protections offered to individuals regardless of caste or religion. (Paras 10, 11)
Facts of the case:
The deceased was murdered due to his inter-caste marriage against the wishes of the de facto complainant's parents who felt dishonored. The accused planned and executed the murder, abducting him and killing him, leading to the commencement of these bail applications.
Findings of Court:
The court found substantial prima facie evidence against the accused, leading to the dismissal of their bail applications and emphasizing the need for stringent action against honour killings to uphold the rule of law.
Issues: The court addressed whether there was sufficient evidence to grant bail in light of serious allegations involving an honour killing.
Ratio Decidendi: The court determined that the presence of prima facie evidence warranted intervention to prevent possible tampering with evidence and protect the integrity of the investigation.
Result: All Criminal Petitions dismissed.
| Table of Content |
|---|
| 1. honor killings as a social issue. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. legal standards for granting bail. (Para 12 , 14 , 51 , 52) |
| 3. arguments regarding the role of accused. (Para 23 , 26 , 28 , 30 , 31) |
| 4. background of the relationship and marriage. (Para 35 , 36 , 37 , 39 , 40) |
| 5. court's final decision and criticisms of police action. (Para 54 , 55) |
ORDER :
1. All these Criminal Petitions are filed by respective petitioners seeking grant of regular bail. The respective petitioners are accused Nos. 18, 12, 15, 16, 9, 10, 13, 14 and 17 respectively in Crime No. 592 of 2020 on the file of Gachibowli Police Station, Cyberabad Commissionerate. The offences alleged against them are under Sections 120B (1), 302, 365, 452, 509, 323 and 506 read with 34 of IPC.
2. Heard Mr. Katika Ravinder Reddy, learned counsel for the petitioner in Crl. Pet. No. 5819 of 2020, Mr. P. Vishnuvardhana Reddy, learned counsel for the petitioners in Crl. Pet. Nos. 5939 and 6095 of 2020 and representing Mr. R. Balraj Goud, learned counsel for the petitioners in Crl. Pet. Nos. 5961 and 6097 of 2020, and also the learned Public Prosecutor appearing on behalf of the respondent-State. Perused the record.
3. This is a case of honour killing. The accused have trespassed into the house of the de facto complainant and the deceased-Chintha Yoga Hemanth Kumar, having made preparations to commit offence to kidnap and murder the deceased with criminal conspiracy and criminal intimidation. The role played by each of the accused in the commission of offence is specifically mentioned in the remand report.
4. As stated above, it is an honour killing. The deceased fell in love with the de facto complainant and decided to marry. They belong to different castes. The deceased belongs to ‘Vsya Community’ and the de facto complainant belongs to Reddy Community. The parents of the de facto complainant were not happy with the said love affair and not interested in the proposal of the de facto complainant to marry the deceased. The parents of the de facto complainant with the help of their relatives, who are also accused in the present crime, tried to convince the de facto complainant and the deceased. They have forcibly taken the cell phone of the de facto complainant. For sometime they kept silent. Thereafter, the de facto complainant and the deceased continued to meet each other. They have also threatened the deceased and his father. But, there is no change in the attitude of the deceased. The deceased and the de facto complainant have continued their love affair and ultimately they got married on 10.06.2020 against the wishes of the parents of the de facto complainant. Due to the same, the parents of the de facto complainant were not happy and they felt insult in the society. They underwent trauma and they have tried to convince her daughter. But, there is no change in the decision of the de facto complainant. Therefore, the parents of the de facto complainant have hatched a plan to do away the life of the deceased. Accordingly, they have murdered the deceased in connivance with the other accused for marrying their daughter which is an inter-caste marriage. Thus, it is an honour killing.
5. This is not for the first time such an incident was happened in India, more particularly, in the State of Telangana. Honour killings have been happening now and then. Unfortunately, even after 73 years of Independence, the said incidents have been happening in India. Honour Killing is another social evil which Indian Society is facing. Honour Killings are still holding their place in today's society in spite of modern mind set and advance thinking. It is a global phenomenon. Even the advanced Countries, like United Kingdom, United States of America are facing the said problem. The statistics given by the National Crime Bureau on the honour killing shocks the conscious of the people of India.
6. From 2012 to 2017, 187 cases were reported in the State of Tamil Nadu alone. In one of the
