Smt v. Chandrakala & Ors.

Smt. V. Chandrakala Petitioner And The Commissioner of Police, Cyberabad, Police Commissionerate, Lakdikapool, Hyderabad and two others. Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE M. VENKATESWARA REDDY W.P.No. 8982 of 2006 Oral order: (Per: The Hon’ble Sri Justice Goda Raghuram) This writ petition is filed seeking a writ of Habeas Corpus for invalidation of the illegal detention of the petitioner’s husband since 12-04-2006. The Inspector of Police, Hayatnagar Police Station, Cyberabad, the 3rd respondent, has filed a counter affidavit. Counter states as under: “3. I submit that on 5-4-2006, one Gorige Mallesh Yadav, son of Jangaiah, R/o. R. Krishnaiahnagar, Tattiannaram village, Hayathnagar Mandal came to our Police Station and lodged a complaint stating that when he attended the calls of nature, he noticed one unknown male dead body in a well. Thereafter he along with other villagers went to the evidence by examining the well and observed that both the hands and legs are tied up. He further stated that some unknown persons might have murdered and dumped the body into the well. He requested the police to take necessary action in the matter. Basing on the said complaint, a case in crime No. 173 of 2006 under Section 302 IPC was registered and took up investigation. During the course of investigation, I have collected complainant and other witnesses and recorded their statements. I also visited the scene of offence and conducted the scene of offence panchanama. The scene of offence is an agricultural well in survey No. 26 situated near R. Krishnaiah Nagar within the limits of Tattiannaram v illa g e . The body was removed from the well and conducted inquest over the dead body in the presence of the mediators and subjected the body of the deceased to post mortem examination to know the actual cause of death. After the post mortem examination, the body has been preserved at mortuary for identification. I have flashed VHF and Radio Messages to all the Station House Officers of both the Commissionerates of Hyderabad and Cyberabad. The photographs of the deceased were published in all the leading news papers.

I submit that while the matters stood thus, on seeing the photograph of the deceased in the news papers, the wife of the deceased Vallapu Yadamma approached me along with others and identified the clothes and photographs of that on 04-04-2006 her the deceased. She stated husband Sathaiah left their house to Hyderabad for collecting hand loan of Rs.10,000-00 from one Jangaiah and did not return home. On 12-04-2006 her son approached Kothur Police of Mahaboobnagar district and lodged a complaint about the missing of his father and on the basis of the said complaint, a case in crime No. 97 of 2006 under the Head ‘Man Missing’ registered. Further she stated that her husband Sathaiah and his brother Anjaiah (alleged detenu herein) were having disputes regarding the property upon which she strongly suspects the involvement of the said Anjaiah in this regard.

I submit that during the course of investigation it came to the light that the alleged detenu along with others have committed the above said offence. On receipt of reliable information, on 26-04-2006 at 15-00 hours I have taken the alleged detenu (accused No.1) and accused Nos. 2 and 3 in the above crime i.e., Vallepu Anjaiah, Dandugula interrogated the Police station and Yadagiri and Vallepu Jangaiah into custody at the house of V. Jangaiah (A.3) situated at Bandlaguda and brought thoroughly. During the interrogation, the accused have admitted their guilt. The accused No.1 (alleged detenu herein) confessed that the deceased Sathaiah is his brother. Since 1990 he is residing at Dubai for his livelihood. Frequenstly he used to send money to the deceased from Dubai. The decased Sathaiah has purchased Ac.2-00 of agricultural land with the amount sent by him while he was at Dubai. In addition to this he purchased Ac.1-00 in his name. Later disputes arose between them during the partition. In this connection a panchayat has been held in the presence of the village elders, but there was no amicable settlement between them. Upon which, he bore grudge over the deceased and decided to eliminate the deceased. In this connection he approached his nephew Dandugula Yadagiri (A.2) and their distant relative V. Jangaiah (A.3) and engaged A.4 to A.7 eliminated the deceased and threw the dead body into the well. The factum of arrest of the alleged detenue, accused 2 and 3 was intimated to their relative one Srinivas, r/o Bandlaguda. On 27-04-2006 the alleged detenue (A.1) and accused Nos. 2 and 3 were produced before the learned II-Metropolitan Magistrate, L.B. Nagar, Hyderabad (who in charge of VII-Additional Metropolitan Magistrate, Hayatnagar, Hyderabad) and the learned Magistrate remanded them to judicial custody. Pursuant to the order of remand, the accused are lodged at Central Prison, Cherlapally, R.R. district. The other accused in the above crime i.e., accused Nos. 4 to 7 are absconding. It is further submitted investigation and evidence collected so far, it is well established that the accused Nos. 1 to 7 are fully responsible for the said offence punishable under Section 302 and 109 IPC. the deceased. Accordingly, to eliminate that as per