Telangana High Court
Perala Hari Hara Krishna, vs State Of Telangana on 28 March, 2025
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
+ CRIMINAL PETITION No.2463 OF 2025
% Dated 28.03.2025
# Perala Hari Hara Krishna, S/o.Prakash,
Aged: 21 years, Occ: Student (B.Tech Final Year)
R/o.H.No.16-1-962/1, SRR Thota,
Kareemabad, Warangal,
Now residing at Flat No.204,
Katipally Yellamma Nilayam, SBI Officers Colony,
Musarambagh, Malakpet, Hyderabad
....Petitioner
VERSUS
$ State of Telangana rep. by P.P.
High Court for the State of Telangana
At Hyderabad
... Respondent
! Counsel for Petitioner : Mr. P. Prabhakar Reddy
^ Counsel for Respondents : Mr.
< GIST:
> HEAD NOTE:
? CITATIONS:
1. (2022) 16 SCC 797
2. 2024 SCC Online 3539
2
THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL PETITION No. 2463 of 2025
ORDER:
This Criminal Petition has been filed under Sections 480
and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS) by the petitioner, who is arrayed as accused No.1,
seeking bail in S.C.No.387 of 2023 on the file of Special
Sessions Judge for Trial of Offences under SCs/STs (POA) Act-
cum-VII Additional District and Sessions Judge, Ranga Reddy
at L.B.Nagar, for the offences punishable under Sections 302,
201 read with Section 109, 202 of IPC and Section 3(2)(v) of The
SCs/STs (POA) Amendment Act, 2015.
2. Heard Mr. P. Prabhakar Reddy, learned counsel for the
petitioner, and Mr. Syed Yasar Mamoon, learned Additional
Public Prosecutor appearing for respondent-State.
3. The case of prosecution in brief is that on the night of
17.02.2023, the petitioner brought the deceased to the
outskirts of Pedda Amberpet Municipality situated near to
Ramadevi Public School on his motorcycle and killed him by
strangulation and after that he separated head, private parts
and removed heart and kept the same in a bag and thrown
near to the premises towards Brahmanapally road and brought
the remaining parts of the body to the same place and burnt
the bag containing fingers, clothes, heart and private parts of
the deceased over sexual jealous that the deceased is
interfering in his love life with his girl friend Niharika Reddy,
who is none other than Ex. girl friend of the deceased. Later,
the petitioner surrendered before the police and confessed
about the commission of offence and showed the scene of
offence to the police.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent person and he did not commit the alleged
offence and he was falsely implicated in this case on mere
suspicion. He further submitted that the prosecution mainly
relied on motive and confession and recovery from the accused.
The incident was said to have been taken place on 17.02.2023.
However, the complaint was lodged on 24.02.2023. He further
submitted that there is no material to connect the petitioner
with the crime, except his confession statement made before
the police and the said confessions statement is not admissible
in law. Even according to the material collected by the police,
CC TV footage regarding the movements of the petitioner and
accused No.3 on 20.02.2023 cannot be drawn any inference
against them that they conspired along with accused No.2 to
kill the deceased.
4.1. He further submitted that S.C.No.387 of 2023 is posted
for framing of charges and the petitioner is in jail since
24.02.2023 and he will abide by the conditions, which are
going to be imposed by this Court. Therefore, he prayed to
release the petitioner on bail.
4.2. In support of his contention, he relied upon the judgment
of the Hon'ble Supreme Court in Venkatesh @ Chandra and
another v. State of Karnataka 1.
5. Per contra, learned Additional Public Prosecutor appearing
on behalf of respondent opposed the bail petition and
submitted that the petitioner has committed a grave offence
punishable under Sections 302, 201 read with Section 109,
202 of IPC and Section 3(2)(v) of the SCs/STs (POA)
Amendment Act, 2015. In S.C.No.387 of 2023, trial has been
commenced long back and PWs.1 to 3 were examined by
counsel for the petitioner and PW.3 was cross-examined by
counsel for accused No.3 and now the case is posted to
27.03.2025 for further examination and placed a copy of the e-
Courts daily status before this Court and at this stage, the
(2022) 16 SCC 797
petitioner is not entitled to seek bail.
5.1. In support of his contention, he relied upon the order
passed by the Hon'ble Supreme Court of India in X v. State of
Rajasthan and another 2.
6. Having considered the rival submissions made by the
respective parties and after perusal of the material available on
record, it reveals that there are specific allegations levelled
against the petitioner to attract the offence under Sections 302,
201 read with Section 109, 202 of IPC and Section 3(2)(v) of the
SCs/STs (POA) Amendment Act, 2015. The petitioner earlier
approached this Court and filed Criminal Petition No.9938 of
2024 for grant of bail and the same was dismissed on
01.10.2024. From perusal of the e-courts daily status, it
reveals that the trial in S.C.No.387 of 2023 was already
commenced and on 21.03.2025 PWs.1 to 3 were cross-
examined by the counsel for accused No.1 and PW.3 was cross-
examined by the counsel for accused No.3 and the case is
posted to 27.03.2025 for further examination.
7. In X v. State of Rajasthan supra, the Hon'ble Apex Court
specifically held at paragraph 14, which reads as follows:
"Ordinarily in serious offences like rape, murder,
2-24 SCC Online 3539
dacoity, etc., once the trial commences and the prosecution
starts examining its witnesses, the Court be it the Trial Court
or the High Court should be loath in entertaining the bail
application of the accused."
8. The judgment which is relied on by the learned counsel
for the petitioner is not applicable to the facts and
circumstances of the case on the ground that in the case on
hand, the trial was already commenced before the trial Court.
9. For the foregoing reasons and also taking into
consideration the gravity of the offence, this Court does not find
any ground to enlarge the petitioner on bail.
10. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, pending if any, shall stand
closed.
_______________________
J. SREENIVAS RAO, J
Date:28.03.2025
Note :
L.R. Copy to be marked.
(b/o)
mar
