CRLP/11331/2022 of Merreddy Matta Reddy Ashok Reddy Vs The State of Telangana on 30 December 2022

ORDER:

1. Heard Sri Pappu Nageshwar Rao, learned SeniorCounsel who argued on behalf of Smt.V.Mythili, learnedcounsel on record for the petitioners. Also heard thelearned Additional Public Prosecutor who is representingthe Respondent-State.

2. Seeking the Court to enlarge the petitioners, who arearrayed as Accused Nos.1 to 3 in S.C.No.4O2 of 2022, onthe file of the Court of III Additional District Judge,L.B.Nagar, Ranga Reddy District,on bail, the presentCriminal Petition is filed.

3. The allegations that are levelled against the l"tpetitioner are that he committed offences punishable underSections 3O2, l2O-8, 419, 42O, 468, 471, 109 r/w.34 IPCand Sections 25 & 27 of Arms Act. The allegations that arelevelled against the petitioner Nos.2 & 3 are that theycommitted offences punishable under Sections 120-B, 3O2r /w.34 IPC and Sections 25 &, 27 of Arms Act.

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4. Making his submission, the learned Senior Counselcontended that the petitioners have not committed anyoffences whatsoever. Learned counsel submits that as perthe version of the prosecution, the petitioners killed oneN.Srinivas Reddy and one K.Raghavendar Reddy andindeed, there are many enemies for those persons and it isnot known who killed those persons. Learned counsel alsosubmits that while disposing Cr1.P.No.7204 of 2022, tl:risCourt, through order dated 23.O8.2022 (Sri JusticeK.Surender) directed the trial Court to dispose of theSessions Case within a period of four months. But the trialCourt is holding incharge of three other Courts andtherefore, the trial Court could not dispose of the SessionsCase within the period ordered and therefore, thepetitioners may be enlarged on bail.

5. l,earned counsel also submits that the petitionersshould assist him for subjecting the prosecution witnessesto cross-examination and the petitioners, who are injudicial custody, are unable to pass required informationso that he would cross-examine the prosecution witnesses Dt.CSLJC.l.P,No.71331 oI 2022

effectively and therefore, the petitioners may be enlarged onbail.

6. Seriouslv opposing the relief sought for, learnedAdditional Public Prosecutor states that already schedule isfixed for trial of case and four witnesses were examined tillnow. Learned Additional Public Prosecutor also states thatwithin a montl-r, the trial would be completed and therefore,it is not desirable to enlarge the petitioners on bail at thisLearned Additional Public Prosecutor alsostage. contended that the lst petitioner, who is the prime accused,is in the habit of changing his identity and he changed hisnarne as Ashok Reddy ald thereafter as Sathireddy andthereafter as Badri ald thereafter as A.V.Ramana and hehas got previous criminal history also and incase, the saidperson is enla:-gcd on bai1, he would flee from justice andwould not be available. Learned Additional PublicProsecutor also contended that the petitioners brutallykilled two persons and created panic in the societyLearned Additional Public Prosecutor also contended thatthe petitioners may pose threat to the prosecutionwitnesses and the prosecution witnesses would not be in a I

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Dt.CSL)Crl.P.N o.11331 of 2O22

position to depose in a free and fair manner before theCourt in case the petitioners are enlarged on bail ald thus,the trial Court proceedings would be hampered and whenthe trial proceedings are at the crucial stage, the petitionercannot be enlarged on bail. Learned Additional PublicProsecutor also stated that scientific investigation\\,ASdone and crucial information was collected to show andestablish the presence of the petitioners near the scene ofoffence along with the deceased.Court in case the petitioners are enlarged on bail ald thus,the trial Court proceedings would be hampered and whenthe trial proceedings are at the crucial stage, the petitionercannot be enlarged on bail. Learned Additional PublicProsecutor also stated that scientific investigation\\,ASdone and crucial information was collected to show andestablish the presence of the petitioners near the scene ofoffence along with the deceased.

7. The contents of the charge sheet revea-ls graveallegations against the petitioners. Further, as per thecontents of the charge sheet, the l"t petitioner is havingprevious criminal history and he was involved in bankcheating cases. It is also mentioned that to escape fromlegal proceedings, in the year 2OO7, he charrged his nameas Ashok Reddy and after getting his name changed, heevaded to attend the Court due to which the cases wereregistered as Long Pending Cases (LPC). That apart, as [per]the version of the prosecution, the petitioners, by use of firearms, attacked two [persons ]and killed them brutally. Also,AS submitted, the trial is in progress. Though the Dt.CSL)Crl,P.No.11331 ol 2022

iearned senior counsel for the petitioners contended thatthe presence of the petitioners outside the [jail ]is essentialto glve instructions to him for cross-examining thewitnesses, Rules and Regulations are already framed forthe learned Advocates to contact the Under Trial Prisoners,have Mulakat and get instructions. Therefore, the saidground cannot be taken into consideration for grant of bail.

8. Having considered the grievousness in the allegations, the stagc of trial proceedings and theapprehension of the Investigating Agency, this Court is ofthe view that the request of the petitioners cannot behonoured.

To,

9. Resultantly, the Criminal petition is dismissed. 1

Sd/. C. PRAVEEN KUMARASSISTANJ REGISTRARse[*3ru oFFrcER

//TRUE COPY//

1. The Illrd Additional [District Judge, ][L.B' ][Nagar, Ranga Reddy District']

2. The Principal Junior [civil ][Judge-cum-XV Additional ][Metropolitan ][Magistrate,]Cyberabad, lbrahimPatnamCyberabad, lbrahimPatnam

3. The Station House Officer, [lbrahimpatnam ][Police Station, ][lbrahimpatnam,]R.R. District.R.R. District.

4. Two CCs to the Public Prosecutor, [High ][Court at Hyderabad[OUT]]

5. Two CD Copies

6. One CC to SMT. V.MYTHILI Advocate IOPUC]IOPUC]

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HIGH COURT

Dr. CSL, JDATED: 3011212022

ORDERCRLP.No.11331 o12022

Dismissing the Criminal Petitiontr"--\*

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