THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + CRIMINAL PETITION No.2463 OF 2025 % Dated 28.03.2025 # Perala Hari Hara Krishna, S/o.Prakash, Aged: 21 years, Occ: Student (B.Tech Final Year)

R/o.H.No.16-1-962/1, SRR Thota, Kareemabad, Warangal, Now residing at Flat No.204, Katipally Yellamma Nilayam, SBI Officers Colony, Musarambagh, Malakpet, Hyderabad ….Petitioner VERSUS $ State of Telangana rep. by P.P.

High Court for the State of Telangana At Hyderabad … Respondent ! Counsel for Petitioner : Mr. P. Prabhakar Reddy ^ Counsel for Respondents : Mr.

< GIST:

> HEAD NOTE:

? CITATIONS:

1. (2022) 16 SCC 797

2. 2024 SCC Online 3539 THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 2463 of 2025

ORDER:

This Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner, who is arrayed as accused No.1, seeking bail in S.C.No.387 of 2023 on the file of Special Sessions Judge for Trial of Offences under SCs/STs (POA) Act- cum-VII Additional District and Sessions Judge, Ranga Reddy at L.B.Nagar, for the offences punishable under Sections 302, 201 read with Section 109, 202 of IPC and Section 3(2)(v) of The SCs/STs (POA) Amendment Act, 2015.

2. Heard Mr. P. Prabhakar Reddy, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3. The case of prosecution in brief is that on the night of 17.02.2023, the petitioner brought the deceased to the outskirts of Pedda Amberpet Municipality situated near to Ramadevi Public School on his motorcycle and killed him by strangulation and after that he separated head, private parts and removed heart and kept the same in a bag and thrown near to the premises towards Brahmanapally road and brought the remaining parts of the body to the same place and burnt the bag containing fingers, clothes, heart and private parts of the deceased over sexual jealous that the deceased is interfering in his love life with his girl friend Niharika Reddy, who is none other than Ex. girl friend of the deceased. Later, the petitioner surrendered before the police and confessed about the commission of offence and showed the scene of offence to the police.

4. Learned counsel for the petitioner submitted that the petitioner is innocent person and he did not commit the alleged offence and he was falsely implicated in this case on mere suspicion. He further submitted that the prosecution mainly relied on motive and confession and recovery from the accused. The incident was said to have been taken place on 17.02.2023. However, the complaint was lodged on 24.02.2023. He further submitted that there is no material to connect the petitioner with the crime, except his confession statement made before the police and the said confessions statement is not admissible in law. Even according to the material collected by the police, CC TV footage regarding the movements of the petitioner and accused No.3 on 20.02.2023 cannot be drawn any inference against them that they conspired along with accused No.2 to kill the deceased.

4.1. He further submitted that S.C.No.387 of 2023 is posted for framing of charges and the petitioner is in jail since 24.02.2023 and he will abide by the conditions, which are going to be imposed by this Court. Therefore, he prayed to release the petitioner on bail.

4.2. In support of his contention, he relied upon the judgment of the Hon’ble Supreme Court in Venkatesh @ Chandra and another v. State of Karnataka1

5. Per contra, learned Additional Public Prosecutor appearing on behalf of respondent opposed the bail petition and submitted that the petitioner has committed a grave offence punishable under Sections 302, 201 read with Section 109, 202 of IPC and Section 3(2)(v) of the SCs/STs (POA) Amendment Act, 2015. In S.C.No.387 of 2023, trial has been commenced long back and PWs.1 to 3 were examined by counsel for the petitioner and PW.3 was cross-examined by counsel for ac