MACHARLA RAMESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This is an application for regular bail. The petitioner herein is accused No.1 in S.C. No.131 of 2019 pending on the file of Special Judge for the Trial of Cases under SCs and STs (POA) Act-cum-VII Additional Sessions Judge, Ranga Reddy District. The offences alleged against the petitioner are under Sections 302, 201, 414, 498-A and 109 of IPC and Sections 3(1)(r)(s) and 3(2)(v) of SCs and STs (POA) Act, 2015.

(2.) In the charge sheet, the Police have stated that the investigation conducted by them would reveal that the petitioner got acquainted with deceased No.1 in the year 2009. They fell in love. In the year 2015, after completing M.Tech., the petitioner was taking coaching for GATE examination and deceased No.1 also came down to Uppal to work as Chemist in a medical shop after completing her M-Phamacy at Hanmakonda. During the said time, the petitioner expressed his willingness to perform marriage with deceased No.1, who has readily agreed. Accordingly, they got married on 21.11.2016 and it is a love and inter-caste marriage. Thereafter, they started leading their conjugal life in a rented room at Erragadda, Hyderabad without informing the said fact to the parents of both the petitioner and deceased No.1.

(3.) It is further mentioned in the charge sheet that in the year 2016, when A-2 and A-3, parents of the petitioner/A-1, called him, he went to his native village. A-2 and A-3 brought marriage alliance to the petitioner. Knowing about the same, deceased No.1 quarreled with A-1 and also informed her mother (L.W.6) about their marriage, who in turn, informed to A-2 and A-3 by showing marriage photos. Thus, there are disputes between the petitioner and deceased No.1. It is also mentioned in the charge sheet that the petitioner belongs to Padmashali community and deceased No.1 belongs to Scheduled Caste community. Deceased No.1 suspected that the petitioner will perform another marriage and forced him to take her to matrimonial house, due to which, there were quarrels between the petitioner and deceased No.1. Then the petitioner left deceased No.1 and went to Mahaboobnagar and Vikarabad and started working in Solar Company. Deceased No.1 went to her mother L.W.6. After sometime, the petitioner joined deceased No.1. The parents of the petitioner have objected for the same and informed the petitioner - accused No.1 not to bring deceased No.1 to their village. Whereas, deceased No.1 continuously insisted the petitioner to take her to his native village. The petitioner herein has refused to take her to his native village. Thereafter, they have blessed with a male child. Accused No.1 visited deceased No.1 only once and thereafter, he did not visit deceased No.1 despite her specific request. Thus, there are disputes between the petitioner and deceased No.1. Panchayats were also held. During the said panchayats, A-1 to A-3 did not agree to take deceased No.1 and her son, deceased No.2, to their house, instead they have demanded to give divorce to the petitioner. On 30.01.2019, deceased No.1 and L.W.6 went to Ghanapur village for casting their vote in Gram Panchayat elections, where A-4 humiliated deceased No.1 on her caste name before L.Ws.6, 10 and 11. Due to the said disputes between the petitioner and deceased No.1, the petitioner planned to eliminate his wife and marry another girl of his community. On 09.02.2019, he called deceased No.1 asking her to come down to Hyderabad. On that L.W.9 dropped deceased Nos.1 and 2 at Uppal X roads from where the petitioner took her on his motorcycle initially to Ghanapur where deceased No.1 threatened him to commit suicide by taking sleeping pills if she is not allowed to stay with him and consumed two sleeping pills. At about 9.00 pm., when deceased No.1 went into unconscious condition, he thought that it is the correct time and took her to the forest area existing backside of HPCL, throttled her neck and killed her. After confirming that she died, in the same manner, he killed his son also and confirming that both died, he got relieved the ornaments from deceased No.1. In order to cause their bodies beyond recognizance, he went to HP Petrol Pump, brought petrol, poured on his wife and son (deceased Nos.1 and 2) and burnt them beyond recognizance. Thus, the petitioner has committed the offence.