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
| 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
Shakti Vahini Vs. Union of India and others
Neeru Yadav Vs. State of Uttar Pradesh
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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