K. JHANSI RANI Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) The mother of one Kamepally Krishna Mohan @ Karthik @ Krish (hereinafter referred to as 'the detenu') filed this Writ Petition for issue of Habeas Corpus by releasing the detenu upon setting aside the detention order vide proceedings SB (I) No. 268/PD/S-1/2016 dated 24-09-2016 of respondent No. 2 as approved in G.O.Rt. No. 2165 dated 03-10-2016 by respondent No. 1.

(2.) The main ground of challenge to the impugned detention order is that though the detenu was under judicial custody in connection with as many as nine criminal cases and though there was no reasonable possibility of his being released on bail, respondent No. 2 without proper application of mind has passed the detention order. A perusal of the impugned order shows that after referring to nine criminal cases registered against the detenu, respondent No. 2 has stated as under:

(3.) It is the pleaded case of the petitioner, which is not controverted by the respondents, that out of nine criminal cases referred to in the detention order, the detenu was arrested on 26-11-2015 in connection with crime No. 137 of 2015 and that the detenu moved two bail applications in connection with the said crime, both of which were dismissed, out of which the latter bail application was dismissed on 21-04-2016. It is also the case of the detenu that between 21-04-2016 and 24-09-2016 when the impugned detention order was passed, the detenu did not move any bail application. Sri Challa Dhanamjaya, learned counsel for the petitioner, submitted that even if the detenu is released in connection with crime No. 137 of 2015, he will not be set at free unless he obtains bail in all other eight pending criminal cases in which the detenu has not moved any bail application.