Kalla Kishor Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8241 OF 2022 ORDER:

This Criminal Petitions is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A3 in connection with Crime No.125 of 2022 of Kothakota Police Station, Wanaparthy District, for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The case of the prosecution is that Sridhar Reddy was missing and his wife lodged a complaint. During the course of investigation, the Police apprehended Accused No.1 on the ground that he was complicit for the disappearance of the said Sridhar Reddy. On further investigation the police came to know that Accused No.1 has hired Accused Nos.2 and 3 for the murder of Sridhar Reddy. The modus operandi in eliminating the said Sridhar Reddy was that Accused No.1 called Sridhar Reddy over phone, when he had not answered he had asked his wife regarding the whereabouts of Sridhar Reddy. When they met, A2 and A3 took Sridhar Reddy in a

car and A2 mixed poison in liquor and was given to Sridhar Reddy. Thereafter, he was taken to a river where he was thrown into river after strangulating him.

4.

Learned Counsel for the petitioner submits that apart from the confession of Accused No.1, there is absolutely no other evidence to implicate this petitioner. Even accepting the contentions of the Police in the Remand Report, there are no recoveries from the petitioner suggesting that he has anything to do with the disappearance of the said Sridhar Reddy.

5.

Since the petitioner is in jail from 03.08.2022 and the only evidence on the basis of which this petitioner was arrested is confession of Accused No.1, bail can be granted to the petitioner. 6.

In the said circumstances, the petitioner is directed to be released on regular bail on the following conditions. i) The petitioner/A3 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties for a like sum each to the satisfaction of Principle District and Sessions Court Judge, Wanaparthy. ii) The petitioner/A3, after release shall appear before the concerned Station House Officer, on every Monday and Thursday between 10.00 A.M. to 1.00 P.M. for a period of eight weeks, for the purpose of investigation.

iii) The petitioner/A3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 21.09.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8241 OF 2022 Dt.21.09.2022 tk