Chandrashekar Reddy v. The State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 132 and 287 of BNS, 2023, r/w Section 9(B)(1)(b) of the Indian Explosives Act, 1884, in Crime No.133 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that in violation of license condition, the petitioner has stored crackers in excess of the quantity and when it was questioned by the Village Administrative Officer, Begapally, the petitioner had obstructed and threatened him. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has not violated any license condition. Since mamool was demanded by the VAO, there was a wordy quarrel and a false complaint has been given. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 1/4

4.The learned Government Advocate (Crl. Side) would submit that the petitioner was found in possession of crackers in excess quantity of 600 kgs in his godown and when the VAO questioned the same, the petitioner obstructed and threatened him. He would further submit that no previous case is pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.Considering the facts and circumstances of the case and that no previous case is pending against the petitioner and also taking into consideration all other factors, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate - II, Hosur, on condition that the petitioner shall execute a bond for a sum of 2/4

Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed and the Petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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A.D.JAGADISH CHANDIRA, J.

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