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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL
Guduru Yugender Reddy – Appellant
Versus
State of Telangana – Respondent
| 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.59
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 granted bail to the petitioners, emphasizing the lack of specific allegations against them and the application of special provisions favoring women in bail considerations.
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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 in serious offenses like honor killing, the potential threat to witnesses and the severity of the crime outweigh the accused's right to bail.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
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