Bontha Venkanna v. The State Of Telangana

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.6402 of 2024 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail.

2.

The petitioner is accused No.3 in Crime.No.208 of 2024 on the file of Ameenpur Police Station, Sangareddy District, registered for the offences punishable under Sections 353 of Indian Penal Code and Section 5 of Explosive Substance Act, within the jurisdiction of the II Additional District and Sessions Judge, Sangareddy. 3.

I have heard Sri M. Anil Kumar, learned counsel for the petitioner/accused No.3 and Sri Khaja Vizarath Ali, learned Assistant Public Prosecutor for the respondent-State. 4.

Learned counsel for the petitioner would submit that the petitioner is only a driver and in any way is connected to the alleged illegal blasting or the explosives. Further, the petitioner is in custody since 08.05.2024 and earlier petition was dismissed as the investigation was pending, but now, the prosecution has completed the investigation. Hence prayed for grant of bail.

5.

Learned Assistant Public Prosecutor opposed bail application and submits except for receiving Forensic Science Laboratory (FSL) report, investigation is completed.

6.

The have considered the submissions of the learned counsel and perused the materials on record.

7.

Having regard to the period of judicial custody undergone by the petitioner and the stage of investigation reported by the prosecution, this Court is of the view that the prayer of the petitioner can be accepted.

9. Accordingly, the present Criminal Petition is allowed on the following conditions:

i) The petitioner/accused No.3 shall be released on bail, subject to his executing a personal bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to the satisfaction of the II Additional District and Sessions Judge, Sangareddy.

ii) The petitioner/accused shall communicate his residential address and contact numbers to the Investigating Officer in an affidavit and changes if any from time to time, till conclusion of the case. iii) The petitioner/accused shall make himself available for judicial process, except for the leave of the Court.

iv) The petitioner/accused shall not influence or intimidate any witnesses or tamper with the evidence of the prosecution.

v) The petitioner/accused shall not indulge in any illegal activity of offence.

vi) In case the petitioner/accused commits breach of any of the above conditions, this bail is liable to be cancelled, at the instance of the prosecution. As a sequel, miscellaneous petitions, if any, pending in this criminal petition shall stand closed. _________________________ JUSTICE N. TUKARAMJI Date: 01.07.2024 Pld