Kondagurla Sunil v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5640 of 2022 ORDER:

This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,' 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/A9 on bail in connection with Crime No.109 of 2022, on the file of L.M.D.Colony Police Station, Karimnagar, registered for the offences punishable under Sections 143, 120, 120b, 149 of Indian Penal Code and sections 10, 13, 16, 18 of Unlawful Activities Prevention Act and Section 4 of the Explosive Substances Act. 2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The case of the prosecution is that the accused are involved in supplying detonators and other explosive material to CPI (Maoist) by purchasing the same from different sources and all the sources are made as accused. The petitioner is Accused No.9 who is shown as driver of the Scorpio vehicle transporting explosive material at the instance of Accused Nos.5 and 7 which was seized along with explosive material. 4.

In the Remand Report except stating that at the instance of other accused he has driven the vehicle, there is no allegation that this petitioner had any knowledge about the purpose for which the explosive was purchased and to whom they were to be supplied.

5.

In the said circumstances, this petitioner can be released on bail subject to the following conditions:

i. The petitioner/A9 is directed to be released on bail on his executing personal bond for Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for a like sum each, among which one is local surety and the other is native surety, to the satisfaction of Special Judicial Magistrate of First Class (Excise), Karimnagar.

ii. On such release, the petitioner/A9 shall appear before the concerned Station House Officer on every Monday between 10.30 a.m. to 1.00 p.m. for a period of three months or till filing of charge sheet whichever is earlier, for the purpose of investigation.

iii. The petitioner/A9 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C.

7.

Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :18.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 5640 of 2022 Dt.18.07.2022 tk