BYAGARI SAYANNA SAILU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Ss. 437 and 439 Cr.P.C. is filed by petitioner - Accused No. 11 in S.C.No. 5 of 2021 on the file of IX Additional District Judge-cum - Fast Track Court, Rangareddy District (Crime No. 592 of 2020 of P.S. Gachibowli) registered for the offences punishable under Ss. 120-B(i), 302, 364, 379, 448, 449, 341, 342, 352, 323 and 506 IPC., seeking bail.

(2.) The case of prosecution is that: on 24.09.2020, at about 18.35 hours, Smt. Chintha Avanthi Reddy lodged a complaint that she married one Hemanth Kumar (hereinafter referred to as 'the deceased') in 2020 against the will of her parents and were living separately in TNGO's colony, Phase-II, Gachibowli. While so, on 24.09.2020, at 14.30 hours, Accused Nos. 9, 15, 10, 8, 13, 16, 14, 1, 12, 17 and some others came in three cars, criminally trespassed into their house, beat them and took them in i20 car of Accused No.10 and forcibly made them sit in front seat and Accused No.8 sitting beside her and deceased and all of them informed that they were taking them to her father's house at Lingampally. However, when the car reached Gopanpally X Road, above accused diverted the car towards ORR. Suspecting danger to their lives, both complainant and deceased got down from the car. At that time, Accused No.1 and others got down from the car and forcibly took the deceased in another car and went towards ORR. Meanwhile, in-laws of complainant came to Gopanpally X Roads to rescue her. But the above accused abused and threatened them also with dire consequences. The complainant stated that at the instigation of her father, all the accused persons, who are close relatives, hatched a plan to do away the life of the deceased, abducted him and beat him.

(3.) A counter-affidavit was filed on behalf of the State stating that preliminary investigation disclosed that apart from Accused Nos. 1, 5, 6 and 7, Accused Nos. 2, 3, 9, 15, 10, 8, 13, 16, 14, 12, 17, 4, 11 and 18 also involved in abduction and murder of deceased. It is stated that on 05.10.2020, Accused Nos. 4, 5, 7 and 11 were arrested and their confession statements were recorded and pursuant to confession of Accused No.5, receipt for purchase of 'Suthil Rope' at SRR Traders, Chimnapur, toll gate receipts taken at Patancheru Toll Plaza for travel made on 24.09.2020 in crime vehicle, were seized. It is also stated that Accused No.11 was hired by Accused No.1 for committing murder of deceased and Accused No. 11 as a part of criminal conspiracy for committing abduction and murder of deceased, contacted Accused No.1 from his cell phone 394 times. It is stated that call data analysis clearly establishes that Accused No.11 communicated with other accused for commission of offence. It is also stated that Accused No.11 resides near the locality of victim, hence, there is every possibility of his winning over them if he is released on bail and he may also indulge in intimidating the witnesses and old-aged parents of deceased and may tamper with evidence.