Telangana High Court
Boda Srikanth vs The State Of Telangana on 11 April, 2023
Author: G. Radha Rani
Bench: G. Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION No.3276 of 2023
ORDER:
This Criminal Petition is filed by the petitioner - accused No.1 under Section 437 & 439 of Cr.P.C. to release the petitioner on bail in Crime No.1005 of 2021 of Shadnagar Police Station, Cyberabad District registered for the offences under Sections 302, 201, 120-B read with Section 34 of Indian Penal Code, 1860 (for short, 'IPC').
2. The case of the prosecution in brief was that on 23.12.2021 at 9:00 AM, Police Constable 11487 of PS Shadnagar lodged a report in the Police Station stating that while he along with Home Guard 180 were performing Blue Colt duty at Shadnagar, received information about an unknown vehicle hitting a pedestrian proceeding on the road towards Mogiligidda Village from Shadnagar, resulting which he died on the spot. On the said information, he rushed to the spot and found the body of a male person, aged about 35 years.
2.1. Basing on the said report, a crime was registered initially under Section 304-A of IPC and Section 187 of MV Act. The police made efforts to know the details of the deceased on the basis of the PAN card 2 Dr.GRR, J Crl.P.No.3276 of 2023 found on his body and details of his address mentioned in it and informed the death of the deceased to his family members. The wife and brother of the deceased identified the dead body of the deceased. The post mortem examination was conducted. As per the PME report, the death of the deceased was "due to multiple injuries with alcoholic intoxication."
2.2. During the enquiry with the wife and cousin brother of the deceased, the Police suspected the involvement of the employer of the deceased by name Srikanth as there were some financial clashes between them. On verifying the call data record of the deceased and suspected Srikanth, the SI of Police of PS Shadnagar found that both the phone numbers were switched off in the same location on 22.12.2021 and later the phone of Srikanth was switched on for a few days. Due to the said suspicious circumstance, the SI made efforts to apprehend the suspect Srikanth (A1) and apprehended him on 08.01.2023 at Mallampet, Bachupally, Hyderabad at his residence. On interrogation, A1 confessed that he along with three others i.e., A2 to A4 committed the murder of the deceased to claim insurance amount of 3 Dr.GRR, J Crl.P.No.3276 of 2023 Rs.50,00,000/- and tried to show it as an accidental death. The Police recorded his confessional panchanama and seized his mobile phone. 2.3. Basing on the said investigation, the Section of law was altered from Section 304-A of IPC and Section 187 of MV Act to Sections 302, 201, 120-B read with Section 34 of IPC. A2 to A4 were also arrested on 09.01.2023 at the instance of A1.
3. Heard the learned counsel for the petitioner - A1 and the learned Additional Public Prosecutor for the respondent - State.
4. The learned counsel for the petitioner submitted that Police initially registered the case under Section 304-A of IPC and Section 187 of the MV Act. After two years without any basis erroneously altered the Section of law, making allegation that the petitioner/A1 and three others committed the murder of the deceased. During the postmortem, the doctor did not observe any injuries on the dead body of the deceased with any blunt weapon. The wife of the deceased had not suspected any foul play in the death of the deceased in the year 2021. The petitioner/A1 purchased a house in the name of the deceased. The wife of the deceased and her relatives demanded money 4 Dr.GRR, J Crl.P.No.3276 of 2023 from A1 in relation to the said house and when the petitioner/A1 was not ready to give the said amount, they foisted a false case against the petitioner/A1 and implicated him in the present criminal case. As per the remand case dairy, a life insurance policy was taken by the petitioner/A1 in the name of the deceased showing the petitioner/A1 as his nominee, but the petitioner/A1 did not know about the said policy details. Though the incident occurred in the year 2021 and police apprehended the petitioner/A1 and others on 09.01.2023, so far, the so called insurance amount was not realized by anybody. It itself would reveal that the petitioner/A1 was not at all aware about the nomination of the said policy. The investigation was completed by examining 18 witnesses. The earlier two bail applications filed by A1 were dismissed by the IX Additional District & Sessions Judge-cum- Metropolitan Sessions Judge, L.B.Nagar, Ranga Reddy District vide Crl.M.P.No.212 of 2023 and Crl.M.P.No.584 of 2023 on the ground that investigation was still pending. The petitioner was having a wife and two minor children. His father was suffering with ill-health. Due to his incarceration, the entire family was suffering with mental agony and prayed to enlarge the petitioner on bail.
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5. The learned Additional Public Prosecutor opposed grant of bail to the petitioner stating that the petitioner was involved in the murder of the deceased which was punishable with death or imprisonment for life and prayed to dismiss the petition.
6. Perused the record. As per the remand case diary of A1 to A4 dated 09.01.2023, A1 was involved in bank credit card frauds and he also took the life insurance policy in the name of the deceased for a sum of Rs.50,00,000/- by mentioning his name as nominee without the knowledge of the deceased and in the year 2021, purchased a house at Medipally for which he applied a home loan on his wife's name and after sanctioning of the home loan due to CIBIL effect, he shifted the loan in the name of the deceased and got registration of the house in the name of the deceased. He also purchased a Ford Endeavor car bearing No.TS08HN8368 through finance from Bank of Baroda in the name of the wife of the deceased. Due to some financial issues, A1 decided to sell his house which was registered on deceased name and asked the deceased to do the agreement for selling the house. When the deceased refused to do so and demanded for a sum of Rs.10,00,000/- from him, A1 bore grudge on deceased and with the help of A2 to A4 decided to 6 Dr.GRR, J Crl.P.No.3276 of 2023 kill him and to create his death as accident, to claim life insurance of the deceased. As per their plan, A1 to A4 along with the deceased left Hyderabad in a car bearing No.TS08HN8368 belonging to A1 on 22.12.2021 stating the deceased that they were going to do agreement of sale of the house by assuring him to give an amount of Rs.10,00,000/- after completion of agreement and proceeded towards Ghatkesar. They all consumed liquor and came to Shadnagar town in the mid night of 22.12.2021. After confirming that there were no CCTVs on such route, at the outskirts of Mogiligidda Village, they got down from car for urinals and while the deceased was standing beside the road for urinals, on the orders of A2, A3 had taken a hockey stick from A4 which was ready in the car and beat the deceased on his neck due to which the deceased fell unconscious and A1 to A4 laid the body of the deceased on the road with an intention to create his death as road accident by an unknown vehicle.
7. Considering the said allegations found against the petitioner/A1 in the remand case diary and that the Police were able to detect the offence two years later basing on the call data record of the deceased and A1 and coming to know about the financial transactions between 7 Dr.GRR, J Crl.P.No.3276 of 2023 the deceased and A1, it is considered not fit to release the petitioner/A1 on bail at this stage.
8. In the result, the petition is dismissed.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ Dr. G. RADHA RANI, J April 11, 2023 SS 8 Dr.GRR, J Crl.P.No.3276 of 2023 THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.3276 OF 2023 April 11, 2023 SS