Back
G. RADHA RANI
Guduru Yugender Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
(G. Radha Rani, J.)
1. This Criminal Petition is filed by the petitioner-A1 under Sections 437 and 439 of Code of Criminal Procedure to enlarge him on bail in S.C. No. 5 of 2021 on the file of IX Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District, at L.B.Nagar (Crime No. 592 of 2020 of PS Gachibowli, Cyberabad), registered for the offences under Sections 120-B(1), 302, 364, 379, 448, 449, 341, 342, 352, 323 and 506 read with Section 34 of IPC.
2. This is a case of honor killing, wherein it was alleged that A2, the father of de-facto complainant (LW.1) conspired to commit murder of his son-in-law who belonged to another caste, who married his daughter against his will and wish. A1 was alleged to be the brother-in-law of A2 and planned along with A2 and A3, the parents of the de-facto complainant and his other relatives A8, A9, A10 and A12 to A17 to commit the offence and hired the assassins A5 to A7 to execute the plan. They failed in their attempts twice.
3. The case of the prosecution as per the charge sheet filed by the Police was that in their third attempt on 24.09.2020, A1 started from the residence of A2 and A3 in his white color Maruthi Swift c
The court emphasized that in serious offenses like honor killing, the potential threat to witnesses and the severity of the crime outweigh the accused's right to bail.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
The court held that bail cannot be granted based solely on parity with co-accused when the circumstances of the accused differ significantly, especially in serious crimes.
Communications between a client and an advocate are not privileged under Section 129 of the Indian Evidence Act when the purpose of the communication is to further a crime.
The court determined that prolonged detention does not automatically entitle an accused to bail when substantial evidence of guilt exists, underscoring the rights to a speedy trial within serious cri....
The court emphasized that serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.
Point of Law : Right of the accused to claim bail on account of default committed by the prosecuting agency in completing the investigation within the time stipulated in the statute is a statutory ri....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
