Regular bail petition under Section 439 CrPC by accused No.1 in a murder case registered at Sangareddy Rural Police Station. The court noted his prior bail was cancelled for misuse of liberty, witness hostility in other cases, and trial delays caused by his conduct, and dismissed the petition.
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HIGH COURT FOR THE STATEOF TELANGANA
TUESDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOI.JSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE OR. Jt'ST]CE G.RADHA RANI
CRIMINAL PETITION NO: 1708 OF 2024
Between:
...PETITIONER/ACCUSED No.1
AND
...RESPONDENT/COMPTAINANT
Petition under Section 439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, The High Court may be pleased to release the petitioner on bail in crime no. 22312021, Sangareddy Rural Police Station, in the interest ofjustice.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D RAMAKRISHNA, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Sole Respondent.
The Court made the following: ORDER
THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMIN A LPE TITIO N No.l 708 0F 2024
ORDER
This Criminal pcririon is filcd under Section 439 of Code ol Crirninal Procedure, l973 ( l'or short "('r_ tr.C") sceking regular bail to the petitioner/Accused No' I in crirne No.22i of 202 r on the fire .f Station House olticer' Sangareddl', Rural porice Starion. San-uarcddr r)istrict. registered fbr the offence punishable undcr Section l0 2 read rr irh i:l ol Indian penal Cocle ( fbr shorr,IpC,).
) Heard learned cou n.,r l ii rr thc f e titione r AccrrscC No. I and learned ..\dditional public prosecuror lbr rhc rcsporrdcnt
:1. Leamed counse! lirr rhe pctitiorrcr subrniltccl Ihat thc pctitioner $,as shown as Al in Crime N..ll.] .l. l0l I ..cl \its ilrrested and remanded on 09.08.2021. Therealier. lte rras d1.1111,1.t1 rrrrticr prc\ cntiVe dctention order passed by District Collcctor an,.i i)i.ilicr Masisrr.arc Sarrgareddy under P.D.Act, 1986. Thc prc\c,li\e tlctcrrrirrrr t,r(icr *;rs chall._ngcd belore the IJon'hle High Court in W.1,.N...1 I l5-l .l.l{tl l. !.irlc .rtl,:r tlatcrl 02.02.2022. this Court set aside thc I' r). .rtrcr urrrr trrrcclcri rhc ,eriti.ner lo hc rcreased Iionr custody if hc rvas n,.)t r.,..(luirl.d itr lrrrr otltcr criltrirlli case.
2
DT.GRRJ Crl.P.No.1mE_2024
Charge sheetwas filed in thepresentcaseand the same was registered as P.R.C No. 30 oi 2021. Thepetitioner moved abail applicationvide Crl.M.P.No.58 of 2022 before theFamily Court-cum-Vll Additional Sessions Judge. Medak, at Sangarcddyand samewas allowed videorder dated 17.02.2022. The State challengedthe samevideCrl.P.No.1595of 2022 and this Cou( vide ordcr dated 29.M.2022 cancelledthe bail order in Crl.M.P.No.58 of 2022passed bythe FamilyCourt-cum-Vll Additional Sessions Judgc. Mcdak. at Sangareddy.Subsequently,the Principa[ District and Sessions Judgc. San-eareddyrefused the bail forthe petitionerin Crl.M.P.No.2l0 ol'2023as th€ Hon'bleHigh Court had refusedbail to him. The petitionerrvas in Judicial custody fbrthe past two(02) years and six (06) months and pralcd toe nlarge thc petitioner on bail in CrimeNo.223 of 2023.
3
O..GRR,J Crl.P.No.l708 2C24
cancelled the bail application of'the peritioner carlicr vidc Crl.p.No. 1595 of 2022, observing that the petitioner rvas a habitual orfendcr in'olved in l l cases and the hostility of the rvitnesses in 6 cascs lcd t. his acquittal and prayed to disrniss the bail application Illed bv the petitioncr.
Miscellaneous applicatiorrs. pcrrtlirru il anr. slrall stantl closcd
Sd/. P. GOWRI SHANKAR ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
PUkam
fv-.ed -sar\
I I
I I
t ,
HIGH COURT
DATED:2010212024
CRLP.No.1708 of 2024
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DISMISSED
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2 issues framed by the court
Whether the petitioner/accused No.1 should be released on regular bail in Crime No.223 of 2021 under Sections 302 and 34 IPC despite earlier cancellation of bail and allegations of misusing liberty.
Whether the petitioner's custody for about two and a half years justified grant of bail given the risk of witness tampering.
3 provisions across 2 enactments
Md Hameed Khan
State of Telangana, Rep. by its Public Prosecutor
G.RADHA RANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
