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2022 Supreme(Telangana) 178

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LALITHA KANNEGANTI, J.
Donthireddy Archana W/o Laxma Reddy – Petitioner
Versus
The State of Telangana – Respondent
Criminal Petition No. 9926 of 2021
Decided On : 03-01-2022

Advocates:
Advocate Appeared:
For the Petitioner: Devineni Radha Rani.

Headnote:

Constitution of India,1950 - Article 21 - Criminal Procedure Code,1973 - Sections 156(3), 437 and 439 - Indian Penal Code,1860 - Sections 120-B (1), 302, 364, 379, 448, 449, 341, 342, 352,149, 323 and 506 - Criminal Intimidation – Voluntarily causing grievous hurt - Complaint that she married against will of her parents and were living separately in TNGO’s colony, Phase-II - While some others came in three cars, criminally trespassed into their house, beat them and took them in i20 car of Accused No. 10 and forcibly made them sit in front seat and Accused No. 8 sitting beside her and deceased and all of them informed that they were taking them to her father’s house - When car reached X Road, accused diverted car towards outer ring road - Suspecting danger to their lives, both complainant and deceased got down from car - Accused No. 1 and others got down from the car and forcibly took the deceased in another car and went towards outer ring road - Meanwhile, in-laws of complainant came X Roads to rescue her. But the above accused abused and threatened them also with dire consequences – Held, Allegations in charge sheet, it is the case of prosecution that all accused including petitioner collaborated together and hatched a conspiracy to do away with the life of deceased only for reason that the deceased who belongs to Vysya community, has fallen in love with daughter of petitioner, belonging to Reddy community - Taking into consideration the observation of this Court while rejecting bail to the petitioner, charge sheet and supplementary charge sheet, prima facie this Court is of the view that except call data that petitioner has called other family members and the transfer of plot, there are no other overt acts against the petitioner - Entire investigation is completed and charge sheet is filed - It is submitted that learned Sessions Judge has already addressed a letter seeking extension of time for six more months for completing the trial - Petitioner is languishing in jail and her husband and other male members are in judicial remand, this Court deems it appropriate to enlarge the petitioner on bail, however on certain conditions - Criminal petition is allowed.

ORDER :

1. This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner-Accused No. 3 in S.C. No. 5 of 2021 on the file of IX Additional District Judge-cum-Fast Track Court, Rangareddy District arising out of Crime No. 592 of 2020 on the file of SHO, Gachibowli, Cyberabad District, registered for the offences punishable under Sections 120-B (1), 302, 364, 379, 448, 449, 341, 342, 352, 323 and 506 IPC, seeking bail.

2. The case of prosecution is that on 24.09.2020, at about 18.35 hours, Smt. Chintha Avanthi Reddy lodged a complaint that she married one Hemanth Kumar (hereinafter referred to as ‘the deceased’) in 2020 against the will of her parents and were living separately in TNGO’s colony, Phase-II, Gachibowli. While so, on 24.09.2020, at 14.30 hours, Accused Nos. 9, 15, 10, 8, 13, 16, 14, 1, 12, 17 and some others came in three cars, criminally trespassed into their house, beat them and took them in i20 car of Accused No. 10 and forcibly made them sit in front seat and Accused No. 8 sitting beside her and deceased and all of them informed that they were taking them to her father’s house at Lingampally. However, when the car reached Gopanpally X Road, above accused diverted the car towards outer ring road. Suspecting danger to their lives, both complainant and deceased got down from the car. At that time, Accused No. 1 and others got down from the car and forcibly took the deceased in another car and went towards outer ring road. Meanwhile, in-laws of complainant came to Gopanpally X Roads to rescue her. But the above accused abused and threatened them also with dire consequences. The complainant stated that at the instigation of her father, all the accused persons, who are close relatives, hatched a plan to do away with the life of the deceased, abducted him and beat him.

3. A counter-affidavit was filed on behalf of the State stating that preliminary investigation disclosed that apart from Accused Nos. 1, 5, 6 and 7, Accused Nos. 2, 3, 9, 15, 10, 8, 13, 16, 14, 12, 17, 4, 11 and 18 also involved in abduction and murder of deceased. It is stated that petitioner and her husband i.e. A-2 insisted A-1 to engage hired persons to kill the deceased. On the day of offence, petitioner, her husband and others gathered at their house, directed A-1 and others to go to the house of deceased, bring her daughter (complainant) and to kill the deceased. Accordingly A-1, A-4 and A-5 abducted the deceased, took him to Sangareddy District, murdered him by strangulation and threw the dead body in open plots of Kistaigudem village. It is stated that call data analysis clearly establishes that A-3 in pursuance of criminal conspiracy, contacted other accused for commission of offence. It is stated that prior to commission of offence, on the demand made by petitioner, one house property, which was in the name of complainant was transferred in favour of petitioner. It is stated that since the trial has already been commenced, at this stage if the petitioner is enlarged on bail, there is every possibility of her influencing or threatening the witnesses and may tamper with evidence.

4. Heard Sri Vinod Kumar Deshpande, learned senior counsel representing Smt. Devineni Radha Rani, learned counsel for petitioner, learned Assistant Public Prosecutor appearing on behalf of respondent-State and Sri L. Ravichander, learned senior counsel representing Sri V. Raghunath, learned counsel appearing on behalf of de facto complainant.

5. Learned senior counsel for petitioner submits that petitioner is arrayed as A-3, she was arrested and remanded to judicial custody on 25.09.2020 and ever since she has been languishing in jail. He submits that this is third bail application and the earlier bail application in Crl. Pet. No. 3870 of 2021 was dismissed as withdrawn, whereas Crl. P. No. 4663 of 2021 was dismissed by this Court on 26.07.2021, wherein it was observed that “considering the fact that it is an honour killing of the husband of de facto compla

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