Ahmed Saadi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9331 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.2 and 3 in Crime.No.207 of 2023 on the file of Bandlaguda Police Station, Hyderabad, registered for the offence under Section 302 and 120(b) r/w. 34 of IPC. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The petitioners were arrested on 16.08.2023 on the allegation of abetting murder and for entering into a criminal conspiracy with A-1 and A-6 to commit murder of the deceased. Both A-1 and the deceased are rowdy sheeters. It is mentioned in the remand report that the deceased was forcing A-1 to have un-natural sex with him. When A-1 refused, the deceased started threatening A-1 saying that he would implicate him in a false case. A-1

decided to kill him and informed the same to A-6. The deceased had committed un-natural sex with A-6. A-6 refused and told A-1. Thereafter, A-1 and A-6 planned to kill the deceased. A-1 contacted A-5. It is the case that thereafter, A-2 to A-4 were also informed for the reason of deceased making adverse comments against them and when the deceased black mailed them, they parted with an amount of Rs.9 lakhs.

4.

At the time of alleged incident, it is not the case that these petitioners were present. In pursuance of the plan to kill the deceased, a trap was laid and when the deceased went to the scene of offence, A-1 and A-6 were present and A-1 stabbed the deceased.

5.

Learned counsel appearing for the petitioners would submit that apart from the confession of A-1, there is no other evidence which is collected by the Investigating Officer to implicate these petitioners. Only on the basis of said confession, the petitioners cannot be kept in jail. Even according to the Police, the petitioners were not present when the incident had taken place.

6.

On the other hand, learned Additional Public Prosecutor on instructions would submit that there are several cases pending against 1st petitioner/A-2 and they were part of conspiracy to kill the deceased, since the deceased is making false propaganda in social media (whatsapp, youtube etc).

7.

Keeping in view that the basis for implication of these petitioners is confession and also that the petitioners were not present when the incident had taken place and further keeping in view the criminal antecedents of the deceased, the petitioners can be granted regular bail, subject to following conditions:

i) The petitioners/Accused Nos.2 and 3 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of Chief Metropolitan Magistrate at Nampally, Hyderabad. ii) The petitioners/Accused Nos.2 and 3 after release shall appear before the concerned Station House Officer at 10:00 a.m. everyday for a period of two weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioners/Accused Nos.2 and 3 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

8.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 27.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9331 OF 2023 Dt.27.09.2023 dv