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2024 Supreme(Telangana) 1053

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G. RADHA RANI, J.
Guduru Yugender Reddy - Appellant
Versus
The State of Telangana and Ors. – Respondents
Criminal Petition No. 1547 of 2024
Decided On : 06-03-2024

Advocates Appeared:
For the Appellant : Dida Vijaya Kumar.

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.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 437 and 439 - Bail application - Accused involved in honor killing - Allegations of conspiracy to murder and kidnapping - No eye-witnesses; reliance on circumstantial evidence - Petitioner in custody for over three years - Other accused granted bail - Court emphasized the severity of the crime and potential threat to witnesses - Dismissed bail application. (Paras 1, 7, 16)

(B) Bail - Considerations for granting bail - Balance between individual liberty and societal interest - Court must consider nature of accusation, severity of punishment, and potential for witness tampering. (Paras 14, 15)

Facts of the case:
The petitioner, accused of honor killing, conspired with others to murder the deceased, who married against the wishes of the complainant's family. The petitioner was implicated based on circumstantial evidence, including CCTV footage and recovered items. (Paras 2, 3)

Findings of Court:
The petitioner was the main accused in a heinous crime that shocked societal conscience. The trial was ongoing, and the court found a reasonable apprehension of witness tampering if bail were granted. (Paras 11, 16)

Issues: Whether the petitioner should be granted bail considering the nature of the crime and the potential threat to witnesses. (Paras 16)

Ratio Decidendi: The court ruled that the severity of the crime and the risk of influencing witnesses outweighed the petitioner's right to bail, emphasizing the need for a judicious approach in such serious cases. (Paras 14, 16)

Result: Criminal Petition dismissed.

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 car bearing No. TS-08-ET-3031 to TNGO Colony where the de-facto complainant and her husband, the newly married young couple were residing in a rented house and asked A5 to A7 to come to TNGO Colony and wait in between the TNGO Colony and Gopanpally "X" Roads till they bring the deceased to the above place. A7, A8 and A9 went to the TNGO Colony in a white color I-20 car bearing No. TS-07-EV-1449. A12 to A16 went in a red color Maruthi Breeza car bearing No. TS-15-EX-9781. A2 and A10 went to TNGO Colony by motorcycle Honda Shine bearing No. AP-28-DF-1449. A2 dropped A10 at TNGO Colony at a distance and came back to his house at Lingampally and was co-ordinating with the other accused for the successful execution of the plan. After reaching the rental house of the deceased and LW.1 at TNGO Colony, the accused A8 to A10 and A12 to A16 entered into the house and asked them to come along with them to negotiate with the parents of LW.1 i.e. A2 and A3 for discussing about their marriage. LW.1 and the deceased did not agree suspecting some foul play and refused to go along with them. After prolonged persuasion, the accused felt that they would not come voluntarily, as such, dragged the deceased and LW.1 from the house and made them to sit in the I-20 car. A17 drove the said car in which A9 sat in the front seat, whereas A8 sat beside LW.1 and the deceased in the rear seat. The remaining accused A10 to A16 went by red color Breeza car following I-20 car. The accused A1 also followed I-20 car and Breeza car and while going towards Gopanpally "X" Roads picked up A5, A6 and A7 before Gopanpally "X" Roads en-route. The deceased made a call to his father intimating about his abduction. Upon that, LWs.2 and 3, the parents of the deceased started to TNGO Colony to know about abduction. The deceased also made a call to LW.4 and asked her to lock their house since they were being taken by the accused. On which, LW.4 went and locked the house of LW.1 and the deceased. When the I-20 car reached Gopanpally "X" Roads, it took left turn towards Outer Ring Road (ORR) instead of right turn i.e. towards Lingampally. As such, LW.1 and the deceased got suspicion and got down from the I-20 car and made efforts to escape by getting into an Auto with the help of LW.8, who was present on the roadside. The accused A5, A6 and A9 caught hold the deceased and dragged him into A1's white Maruthi Swift car bearing No. TS-08-ET-3031 and A1, A5 to A7 took him towards ORR. In the meantime, the accused A10 contacted A2 by phone and informed about the deceased being abducted and taken in the white Swift car and proceeded to ORR side and that LW.1 was resisting to accompany the remaining accused present there to Lingampally. A2 instructed LW.10 to push LW.1 into the car and get her to Lingampall

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