The High Court allowed the bail petition filed by Sura Saraiah, accused of offenses regarding supply of explosives and alleged Maoist support, granting bail on personal bond with conditions.
Petitioner granted bail on personal bond of Rs. 50,000 with two sureties of like amount; must appear every Saturday while investigation continues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
\
[3158 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEW_,. CRIMINAL PETITION NO: 2769 OF 2021
Between:
Sura Saraiah, S/o. Venkataiah
..Petitioner/A- 4
AND
The State of Telangana, Rep. by its Public Prosecutor Hjgh Court of for the State /' - of Telangana, At HydErabad.
,..RespondenUComplainant
Petition under Section 437 and 439 of Cr.P.C,praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in Crime No.1 7 of 2021 on the file of Dummugudem Police Station, Bhadradri Kothagudempistrict.
The petition coming on for hearing, upon perusing-th-e Petition and the grounds filed in support thereof and upon hearing the arguments of M/s A PRABHAKAR RAO Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent, the r. Court made the following.
ORDER:
HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION NO,2769 OF 2O2I
ORDER
The petitioner/A-4 fi1ed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to him in Crime No.i7 of 2O2l of P.S. Dummugudem, Bhadradri Kothagudem District, which was registered for the oflences punishable under Sections 120(E}) and 12 1 (A) of the Indian Penal Code, Sections 5 and 6 of the Explosive Substance Act, Sections 10, 13 and 1 8 read with Section 20 and 40 of the Unlawful Activities (Prevention) Act, 1967 and Amendment Act, 2019 and Section 8(1), (2) of the TSPS Act.
Heard the learned counsel for the petitioner/A-4, the learned Additional Public Prosecutor representing the respondent- State and perused the record.
The allegation against the petitioner/A-4 is that he is i.','orking as Supervisor in Explosives Shop at Arepaliy Village being run by his brother-in-law by name Vallepu Swamy and as his brother-in-law has been suffering from ill-health, the petitioner handed over the shop by transferring the license. A- 1 and A-2 met the petitioner/A-4 and asked him to supply explosives and on that he sold 400 electrical detonators, 500 non-electrical detonators, 400 gelatin and 400 meters of fuse wire to them. On 78.02.2021, A- 1 and A-2 were apprehended by the police and the police seized the explosive substances. The petitioner/A-4 has acquaintance with Maoist and he is the supporter of the banned CPI (Maoist) extremists and used to supply raw explosive substances and raw materials to kill the police personnel and the public representatives.-
2
karned Additional Public Prosecutor opposed to grant bail to the petitioner/A-4.
l,earned counsel for the petitioner/A-4 submits that the petitioner has not committed any offence as alleged by the
prosecution and he is falsely implicated in the above case. The petitioner/A-4 hails from a respectable family. The petitioner/A-4 has been in custody since O2.O3.2O21. Hence, it is prayed to consider'the petitioner's application for bail.
Looking into the facts and circumstances of the case and as there is no incriminating material against the petitioner to show that the petitioner is the supporter of the Maoist Extremists and he had supplied the explosive substances to them on earlier occasions also, I am inclined to grant bail to the petitioner/A-4.
The Criminal Petition is allowed and the petitioner/A-4 shall be
released on bail on the following terms and conditions:
3
Miscellaneous applications pending, if any, shall stand closed.
Sd/- M. MANJULA ASSIST:\NT REGIS
,TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
GSDJ
DATED:08/0412021
ORDER
(_
CRLP.No.2769 of 2021
BAIL
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offenses under the Explosive Substance Act and UAPA.
Whether there is sufficient incriminating material against the petitioner to deny bail in a case involving explosives and Maoist connection.
5 provisions across 5 enactments
Sura Saraiah
The State of Telangana
G. SRI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
