Badavath Kishan v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION No.6370 OF 2023 ORDER:

1.

This petition is filed under Sections 437 and 439 of Criminal Procedure Code, 1973 (Cr.P.C) seeking to grant regular bail to the petitioner, who is arrayed as accused No.1 in Crime No.82 of 2023 of Maripeda Police Station, Mahabubabad District. The offences alleged against the petitioner are under Section 286 of the Indian Penal Code and Section 5 of the Telangana State Explosive Substance Act, 1908.

2.

The case of the prosecution is that on 27.04.2023 at 18.30 hours while the police personnel were conducting patrolling duty, at the outskirts of Lunavath Thanda they found two persons with JCB under suspicious circumstances and when they tried to stop them, the present petitioner - accused No.1 ran away and the police caught hold accused No.2. On interrogation, it is stated that by accused No.2 that he wanted to blast boulders in his field, he consulted the present petitioner - accused No.1 and accused No.1 advised and assisted

to blast the boulders; and while accused Nos.1 and 2 were proceeding with the blasting work, police apprehended him. 3.

Heard learned counsel for the petitioner - accused No.1 and learned Additional Public Prosecutor for the respondent - State.

4.

It is stated that the petitioner - accused No.1 is in remand for the last 30 days and accused No.2 is already enlarged on bail. Considering the said factors, this Court is inclined to grant bail to the petitioner - accused No.1.

5.

Accordingly, the Criminal Petition is allowed and the petitioner-accused No.1 shall be released on bail on the following terms and conditions:

(i) The petitioner-accused No.1 shall be released on bail on 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 Principal Sessions Judge at Mahabubabad.

(ii) The petitioner-accused No.1 shall not directly or indirectly influence or make any witnesses or complainant.

(iii) The petitioner-accused No.1 shall make available with the investigating agency for proper investigation and he shall fully cooperate with the investigation agency. He shall not in any manner which will be prejudicial to fair and expeditious investigation.

________________ JUSTICE M. LAXMAN Date: 24.07.2023 ns

THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION NO.6370 OF 2023 Date: 24.07.2023 ns