Cherukula Deeapk, v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENry FME PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 13814 OF 2025 Between:

Cherukula Deeapk,, S/o. Naveen, Aged about 25, Occ Bouncer, R/o.Old Hafeezpet, Srinagar, Near Nayara Petrol Pump, Miyapur, Hyderabad, Telangana.

...PETITIONER/ACCUSED No.5 AND The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad through SHO, Police Station PS. Shankararpally, Hyderabad ...RESPONDENT/COMPLAINANT Petition under Section 480 & 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/ Accused no 5 on Bail and release the Accused in Connection with the Crime No 401 of 2025 of P.S Shankarpally, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M P K ADITYA, Advocate for the Petitioner and Sri Arun Kumar Dodla, the Additional Public Prosecutor on behalf of the sole Respondent. The Gourt made the following: ORDER

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13814 of 2or25 ORDER:

The present Criminal Petition is filed praying this Court to enlarge the petitioner on bail, who is arrayed as accused No.5 in Crime No.40 | of 2025 before the Shankarpally Police station, and on the file of the Judicial Metropolitan Magistrate, at Chevella, Ranga Reddy District, registered for the offences punishable under Sections 310(2), 324(3) read with 3(5) of BNS.

2.

The brief facts of the case are that on September 12, 2025, around 1:3O PM, near Hussainpur vitlage (Shankarpally, Ranga Reddy), Al-A7 allegedly intercepted the complainant's Ford Figo (TSO9 UD 0093) carrying Rs.4O lakh for registration, using a Swift Dzire (TS11 EL 8817). They smashed the rear glass, assaulted occupants, used chilli powder, and snatched the cash. LW- 1 was injured and when villagers chased, the Swift overturned near Kothapally, leaving some cash- On receipt of the complaint from complainant, a case was registered against the accused for the offences as alleged.

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Heard Sri M.P.K. Aditya, learned counsel for petitioner, and sri D. Arun Kumar, learned Additional public prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioner submitted that as per the remand case diary, the alleged conspiracy was hatched by accused Nos.l and 2, and the petitioner, who was brought into the plan by accused No.4, was not the originator of the conspiracy and that no weapon such as a toy pistol or knife was recovered from the petitioner, that he was not an active participant, and that the injuries sustained were simple in nature as per the MLC. He further submitted that there was no clear evidence or witness implicating the petitioner in the assault ,or robbery except for the inadmissible confession of a co-accused, and that mere association does not establish common intention. He contended that the police failed to explain the petitioner's specific role, the investigation and police custody were already completed, and no further custodial interrogation was iequired. Therefore, he prayed the Court to grant bait to the petitioner by allowing this criminal petition.

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On the other hand, learned Additional Public prosecutor opposed the submissions made by the learned counsel for petitioner stating that the nature of offence being serious, the investigation is still under progress. Therefore, prayed the Court to dismiss the criminal petition' 6.

In the light of the submissions made by both the Iearned counsel and on perusal of the material available on record, it appears that there are serious allegations against the petitioner regarding his involvetnent in the organized offence of robbery. Further, as the investigation is still in progress and the role of the petitioner is yet to be fully ascertained, at this stage this Court is not inclined to grant bail to the petitioner and the same is liable to be dismissed. Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed* SD'. P.PONNA KRISHNA STANT REGISTRAR /TRUE COPY/ SECTION OFFICER To, The Judicial Magistrate of First Class, at Chevella, Rangareddy District The Station House Officer, Police Station, Shankarpally, Cyberabad - Two ccs to the PUBLIC PROSECUTOR, High court at Hyderabad' (oUT) One CC to SRI M P K ADITYA Advocate [OPUC] Two CD Copies P l

HIGH COURT DATED: 1011112025 i.l) 1-.

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ORDER

CRLP.No.1381 4 ol 2025 CRIMINAL PETITION IS DISMISSED q