High Court dismissed a second bail application filed by an accused in a double murder case. The Court held that due to the gravity of the offence and no new circumstances, the earlier dismissal reasoning remained valid and bail was not appropriate.
Criminal Petition under Section 439 CrPC filed for bail in SC No. 291 of 2021 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE TENTH DAY OF NOVEIUBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION NO: 7547 0F 2021
Between:
Udari Laxman @..Lagh^a1a[.S/olate Rayamallu,Aged about 58 years,Occ Agriculture, Fl/o H.No. 5-90, Srikantha CharyStreet, Gunjapadugu village, Mahthani Mandal, Karimn agar District, T.S.
...PETITIONER/ACCUSEDNo.5
AND
The state of reJangana, Eep. oy its public prosecutor, High court for the State of I etanagana, At Hyderabad
...RESPONDENT/COMPLAINANT
Petition under Section 437 & 439 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be ple?:ed to enlarge the Petitioner herein on bail till the disposal ot t-ne s.c. No. 291 of 2021 on the file of the Honourable principal and District Judge, Karimnagar District.
This Petition coming on for hearing,upon perusrng the IVemorandum of Grounds of criminal Petition and upon hearing the arguments of sri H suDHAKARA RAo ,Advocate for the Petitioner and the Assistant public prosecutor on behalf of the Respondent No1.
The Court made the following: ORDER
I I
, ,
THE } ON'BLE DT. JUSTICE SHAMEEMAKTHER
CF IMINAL P ETITION No,7547 oF2021
ORDER:
This Crir linal Petition, under Section439 of the Code of Criminal Procer ure,1973,is filed by the petitioner/A.5,for grant of bail in S.C.No.191 of2O2lon the file of PrincipalSessions Judge, Karimnagar, w lich arose outof Crime N0.21 of 2021 of Ramagiri Police Station, registered forthe offencesunder Sections 120B, 3O2,2Olrlw3lIPC.
2
petitioner/A.5'There are no changed circumstances'It is pertinent to statethat the subjectcase relatesto double murderin a broad day light.The gravlty of the offence is so high' There are chances of influencingor threateningthe witnesses and tampering the record. Underthesecircumstances,it is not a fit case to consider the requestof the petitioner/A'5 as prayed for'
6 Accordingly,this Criminal Petition is dismissed'
Miscellaneouspetitions,if any, pending in this Criminal
Petition, shall standclosed.
To,
SD/.K.AMMAJI ASSISTANTREGISTRAR \ @ SECTION OFFICER
//TRUE COPY//
CDL TR
HIGH COURT
DATED:1 0t11t2021
ORDER
GRLP.No.7547 o'2021
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DISMISSING THE CRIMTIALPETITION
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3 issues framed by the court
Whether bail can be granted in a second application where the earlier one was dismissed for an offence of double murder with grave chances of influencing witnesses.
Whether the gravity of the offence and lack of changed circumstances make the case unfit for bail.
Whether the Criminal Petition under Section 439 CrPC should be allowed given the severity of the double murder charge.
4 provisions across 2 enactments
Udari Laxman @..Lagh^a1a[S/o<sup>late Rayamallu
The state of Telangana
DR. JUSTICE SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
