Perala Prabhakar Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4530 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused No.14 in Crime No.109 of 2022 on the file of LMD Colony Police Station, Karimnagar District for the offence punishable under Sections 143, 120, 120(B) read with Section 149 of Indian Penal Code and Section 4 of Explosive Substances Act, 1908 and Sections 10, 13, 16, 18 of Unlawful Activities Prevention Amendment Act 2008/2019. 2.

Heard learned counsel for the petitioner/Accused No.14 and the learned Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that on 19.04.2022 Accused Nos.5 to 9 were arrested and found in possession of explosives which were meant for supplying to Maoists. The said Accused Nos.5 to 9 were remanded to judicial custody on 19.04.2022. During the course of investigation it was revealed that the petitioner who is

Accused No.14 was instrumental in supplying of certain quantity of explosives having purchased the same from A15, and supplied to the Accused Nos.5 to 9.

4.

Learned counsel for the petitioner submits that apart from the confession of accused stating that the explosives were supplied by this petitioner, there is no other evidence connecting the petitioner to the crime. Further, he submits that there are no seizures or any searches made in the presence of A14. Therefore, prayed to grant bail to the petitioner/Accused No.14.

5.

As seen from the remand report, the petitioner is arrayed as Accused No.14 on the basis of the confession made by A10. However, for the reasons of there being no other connecting evidence such as any seizures or any other evidence, this Court is inclined to grant bail to the petitioner/Accused No.14. 6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.14 is granted bail subject to the following conditions:

i) The petitioner/Accused No.14 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of Family Court-cumAdditional Sessions Judge at Karimnagar. ii) The petitioner/Accused No.14 shall appear before the concerned Station House Officer on every Sunday between 10.30 AM and 01.00 PM for a period of three (03) months or until filing of charge sheet, whichever is earlier.

iii) The petitioner/Accused No.14 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 07.06.2022 ns