Telangana High CourtAdministrative and Public LawConstitutional Law

Telangana HC Quashes Preventive Detention Of Six Park-Murder Accused, Says One Case Alone Cannot Establish Habitual Offending

Atmakuri Srinu and Nagarajuv.The State of Telangana

Telangana HC Quashes Preventive Detention Of Six Park-Murder Accused, Says One Case Alone Cannot Establish Habitual Offending. Atmakuri Srinu and Nagaraju vs The State of Telangana. Telangana High Court. LawLens
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In brief

The question

1. Whether a detenu may be classified as a “Goonda” under Section 2(g) of the 1986 Act when the detention order relies on only one criminal case.

The court held

The Court held that the detention orders were unlawful because they relied on a single crime and did not establish habitual offending as required by Section 2(g) of the 1986 Act.

It also directed

It set aside the detention orders and directed the Superintendent of Jail to release the detenus forthwith, unless they were required to be detained in connection with another case or crime.

All six writ petitions were allowed.

01Facts

The six petitioners were detained under Section 3(2) of the Telangana Prevention of Dangerous Activities Act, 1986, after being classified as “Goondas” under Section 2(g).

¶ 1–6, 20, 25

The detention orders relied on a single criminal case, Crime No. 265 of 2025, concerning the alleged premeditated murder of Kethavath Chandu Rathod in a public park.

¶ 1–6, 20, 25

The petitioners challenged the orders by writ petitions seeking habeas corpus; the State had confirmed the detention orders.

¶ 1–6, 20, 25

The petitioners argued, among other things, that one crime could not establish the “habitual” conduct required by the statutory definition of “Goonda”.

¶ 1–6, 20, 25

02Issues

i.1. Whether a detenu may be classified as a “Goonda” under Section 2(g) of the 1986 Act when the detention order relies on only one criminal case.

¶ 20, 22–25

ii.2. Whether the gravity, brutality or public setting of that single alleged offence can, without evidence of habitual offending, satisfy the statutory requirement for preventive detention on the ground that the detenu is a “Goonda”.

¶ 27–30

03Law Applied

Section 2(g) of the Telangana Prevention of Dangerous Activities Act, 1986 defines a “Goonda” as a person who, alone or as a member or leader of a gang, “habitually commits, or attempts to commit or abets” specified offences under Chapters XVI, XVII or XXII of the Indian Penal Code.

¶ 22–24

“Habitually” requires repetition or continuity; a solitary offence, however grave, does not by itself establish habituality.

¶ 22–24, 27, 30

The Court also treated the Act’s restrictions on personal liberty as requiring precise and strict construction.

¶ 22–24, 27, 30

Provisions in the judgment · 9 · Linked ones open on LawLens

Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986. Section 2Section 3

Bharatiya Nyaya Sanhita, 2023 Section 115Section 103Section 61Section 3

Arms Act, 1959 Section 25Section 27

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3

04Reasoning

The detention orders relied on Crime No. 265 of 2025 and did not identify any other crime or material establishing that any petitioner habitually committed the specified offences.

¶ 25–27

Although the alleged murder was described as brutal, premeditated and committed in a public place, those circumstances could not replace the separate statutory requirement of habituality.

¶ 17–18, 28–30

Because the orders failed to establish that threshold requirement, the petitioners could not lawfully be classified as “Goondas” under Section 2(g).

¶ 29

05Holding

The Court held that the detention orders were unlawful because they relied on a single crime and did not establish habitual offending as required by Section 2(g) of the 1986 Act.

¶ 29–31

It set aside the detention orders and directed the Superintendent of Jail to release the detenus forthwith, unless they were required to be detained in connection with another case or crime.

¶ 33–34

All six writ petitions were allowed.

¶ 33–34
Telangana High Court

Original Court PDF

Atmakuri Srinu and NagarajuvsThe State of Telangana

Telangana High Court · November 13, 2026

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