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2025 Supreme(Telangana) 1407

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL, J.
Guduru Yugender Reddy - Appellant
Vs.
The State of Telangana – Respondent
Criminal Petition Nos. 11887, 11910 of 2024
Decided On : 24-01-2025

Advocates:
Advocate Appeared:
For the Appellant : Pasham Krishna Reddy
For the Respondent: Public Prosecutor

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.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Sections 480 and 483 - Indian Penal Code - Sections 120B(1), 302, 364, 379, 448, 449, 341, 342, 352, 323 and 506, read with Section 34 - Bail petition - Petitioners sought bail for serious offences including murder and abduction. Court acknowledged the severity of allegations yet emphasized fair trial rights, ruling bail possible subject to stringent conditions - (Paras 1, 12, 15).

(B) Balancing of rights - Fundamental right to fair trial versus serious accusations - Court ruled against indefinite incarceration absent compelling reasons, particularly noting trial progress and completion of witness examination - three parts of the considerations taken were the nature of the alleged offences, the possibility of tampering and fair trial rights. (Paras 12, 13).

Facts of the case:
Criminal petitions filed by accused in serious offences alleged to involve abduction and murder amid familial disputes regarding inter-caste marriage. Petitioners claim false implication and serious personal hardships due to detention - (Paras 3, 5, 6).

Findings of Court:
Petitioners entitled to bail conditional on personal bonds and compliance with court orders, in light of trial proceedings and absence of specific threats posed by their release - (Paras 15).

Issues: Consideration of the appropriateness of bail for serious offences, weighing individual rights against community safety and trial integrity - (Paras 10, 13).

Ratio Decidendi: The court highlighted that the liberty of the accused must be preserved unless compelling reasons justify ongoing detention. Past instances where co-accused were granted bail also factored in the decision - (Paras 12, 14).

Result: Criminal petitions allowed, bail granted under specified conditions.

Table of Content
1. factual basis of the criminal charges (Para 1 , 3 , 4 , 5)
2. arguments for bail by petitioners and opposition (Para 6 , 7 , 8 , 9 , 10)
3. court's reasoning for bail decision (Para 12 , 13 , 14)
4. conditions under which bail is granted (Para 15)

ORDER :

1. These criminal petitions are filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to grant bail to the petitioners/A1 & A6 respectively in SC No.5 of 2021 on the file of the learned IX Additional District and Sessions Judge (FTC), Ranga Reddy District at LB Nagar, registered for the offences under Sections 120B(1), 302, 364, 379, 448, 449, 341, 342, 352, 323 and 506 read with Section 34 of Indian Penal Code (IPC).

2. In both these matters, this Court heard Sri VR Avula, learned senior counsel representing Sri Pasham Krishna Reddy, learned counsel for the petitioners, Sri E.Ganesh, learned Assistant Public Prosecutor for the State/1st respondent and Sri S.Goutham, learned counsel for the 2nd respondent/de-facto complainant.

3. Basing on the complaint dated 24.09.2020, lodged by the de-facto complainant/the 2nd respondent herein, the police of Gachibowli registered a crime in FIR No.592 of 2020 for the offences under Sections 365, 452, 509, 323, 506 read with Section 34 IPC alleging that the accused have illegally trespassed into the house of the de-facto complainant, beat her husband and took her and her husband in a car stating that they were taking them to her parents but when the de-facto complainant and her husband observed that they were taking to somewhere else they jumped from the car and when they were running towards Lingampally, Yugender Reddy/A1 along with others came in a car, beat them and took her husband forcibly but when the other accused tried to catch the de-facto complainant, her in-laws came to her rescue and upon watching them, the accused abused and threatened them with dire consequences and fled away. The de-facto complainant alleged that having been instigated by her parents, the accused committed such offence since she loved and married a person, who does not belong to their caste, against the wishes of her parents and relatives.

4. The investigating officer laid charge-sheet against the accused Nos.1 to 18 alleging that during the course of investigation, accused Nos.1 and 6, who are the petitioners herein, have confessed that on the date of offence, they along with other accused have forcibly abducted the de-facto complainant and her husband in the car of A. Rakesh Reddy/A10 and when the victims jumped from the car to escape, the petitioners along with accused Nos.5 and 7 with the assistance of accused Nos.8, 9, 10 and 12 to 17 abducted the husband of de-facto complainant viz. Hemanth from Gopanpally X Roads and accused Nos.1, 5, 6 and 7 took him towards Sangareddy in a car and murdered him by strangulation at Kistaigudem Village in the outskirts of Sangareddy Town and thrown the body in the said open plots. It is further alleged in the charge-sheet that as per their confession and direction the police have recovered the dead body of Hemanth from the scene of offence in the presence of mediators, de-facto complainant and parents of the deceased and that the de-facto complaint and parents of the deceased identified the dead body as that of Hemanth Kumar. They noticed that the hands and legs of the deceased were tied with ropes and his neck was tied tightly with jute rope. As per orders dated 29.10.2020 in Crl.M.P.No.56 of 2020 on the file of the learned XII AMM, Kukatpally A1 and A2 were subjected to police custody for the period from 30.09.2020 to 05.10.2020.

5. It is alleged in the charge-sheet that on 01.10.2020 accused Nos.1 and 2 confessed that the deceased and the de-facto complainant fell in love and married on 10.06.2020 in Santhoshimatha Temple, BHEL Road and got their marriage registered at Qutbullapur SRO Office, having dislike in the said inter-caste marriage, accused Nos.2 and 3, who are the p

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