EDIGA JAYARAM GOUD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Petition No.7083 of 2023 is filed by A8 and A12 and Criminal Petition No.9618 of 2023 is filed by A11 for grant of bail in SC No.8 of 2023, as such, both the Criminal Petitions are disposed by way of this Common Order.

(2.) The brief facts of the case of the prosecution are that Accused Nos.1 to 3 hatched a plan to murder the deceased Mulagundla Mallareddy because of land disputes leading to various civil suits and criminal cases. They in turn contacted accused No.4 to execute their plan and agreed to pay Rs.18.00 lakhs to Accused No.4 in order to commit the offence. Further accused No.4 contacted accused No.6 and his gang members viz., accused Nos.8, 9 and 12 and gave the said contract of murder of the deceased to them. Accused No.1 informed the plan of murdering the deceased to his son viz., accused No.5, who in turn agreed to the conspiracy. But Accused Nos.6, 8, 9 and 12 dodged time for almost one year. Then because of the pressure from accused Nos.1 to 3, Accused No.4 introduced accused No.7 to execute the murder and they paid 2.5 lakhs as an advance. Further Accused No.4 introduced Accused No.11 to accused No.6 and ask them to add him in their gang in execution of the murder of the deceased. The Accused No.10 provided the vehicle to the hired gang for the purpose of keeping track of the movements of the deceased. On the day of offence accused No.9 and 14 observed the movement of the deceased and passed the information to the other gang members viz., accused Nos.6, 8, 11 and 12, who in turn murdered the deceased at the Pandikunta Cross Road at around 18.40 hrs. Near the Pandikunta Cross Road, A11 with the white colour Maruthi Swift Dzire Car bearing No.TS 25T 2512 hit the deceased car (Innova Crysta bearing No.TS-03-FA-4556) on the rear side and when the deceased got down from the car to enquire about the hitting of the car, A11 approached the deceased and stabbed him. A6, A8 and A12 who have taken the positions in the nearby area also came out. A8 and A11 dragged the deceased to the nearby bushes and stabbed him to death whereas the other accused A6 and A12 confined the complainant and aided A8 and A11 in murdering the deceased.

(3.) Learned counsel appearing for the petitioners would submit that even according to the case of the prosecution, the main conspirators, who are A1 to A3 had hatched plan to murder the deceased were enlarged on bail. A7 and A10 were granted bail by this Court in Crl.P.Nos.1875 and 651 of 2023 respectively. The case of the petitioners is standing on the same footing as that of A7 and A10. A1 and A2 were granted bail on 27/4/2023 in Crl.P.Nos.3759 and 4064 of 2023. A3 and A4 were also granted bail on 4/5/2023 by this Court. A9 and A14 were also granted bail by this Court in Crl.P.No.4688 of 2023 on 18/5/2023. Therefore, the petitioners are entitled for bail, as they are in jail since fourteen months.