Allowed

Sode Lingaiah , Tula v. The State of Telangana

Telangana HC4 Feb 2021CRLP/295/2021

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a criminal petition under Sections 437 and 439 CrPC, granting regular bail to five accused persons charged with supplying explosives to Maoists and offences under the UAPA and IPA.

What did the court decide?

Released on bail on personal bond of Rs. 15,000 each with two sureties for andlock of similar type of activities in future and other conditions.

Sode Lingaiah , Tula Vs The State of Telangana — Corruption | Telangana HC (2021)

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[^31s8 ]

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IN THE HIGH COURT FOR TI.IE STATE OF TELANGANA AT HYDERAEAD

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THURSDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI

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CRIMINAL PETITION NO: 295 OF 2O2L

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Between r

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Sode Lingaiah @ Tula, S/o Late Jogaiah, (A1)

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Musaki Sannu @ Sanna, S/o llaiah, (A2)

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Madakam Raju, S/o Adamaiah, (A3)

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Madivi Sai Kiran @ Bheemaiah, S/o Saraiah, (A4)

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Podium Singaiah, S/o Late Ramaiah, (A 5)

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.,. Petitioners/Accused No. 1 to 5

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AND

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The State ofTelangana, through S H O, P.S. Karakagudem Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad

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.,, Respondent/ Com^pla ina nt

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Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds flled in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/ accused No.1 to 5 on Regular Bail in Crime No. 39/2020 on the file of SHO, Karakagudem Police Station, Bhadradri Kothagudem District and release the petitioners/ accused no.L to 5 on such terms and conditions;

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in supirort thereof and upon hearing the arguments of SRI G RAVI CHANDRA SEKHAR Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following.

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ORDER:

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H.ONOURABLE JUSTICEG. SRI DEVI

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C_RIMINAL^{PETITIONNO.295 OF 2o2t}

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ORDER:

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The petitioners/A-1 to A-5 filed the present Criminal Petition under Sections^11.37 and 439 of the Code of Criminal Procedure seeking to grant bail to them in Crime No.39 of 2O2O of P.S. Karakagudem, Bh adradri Kothagudem District, which was registered for the offences punishable under Sections 143, 148, 307, 120-B and 121-A read with Section 149 of the Indian Penal Code and Sections 5 and 6 of the ES Act and Sections 1O, -13 and 20 of the Unlawful Activities (Prevention) Act, 1967 .

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Heard the L:arned counsel for the petitioners/A- 1 to A-5, the learned Additional Prosecutor representing the respondent-State and perused the record .

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The allegatic'n against the petitioners/A- 1 to A-5 is that they have suppiied explosive material to the members of outlawed CPI Maoists Party and found in possession of gelatine sticks, detonators, steel tiffin box, batr.eries and wire etc.

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Learned Additional Public Prosecutor opposed to grant bail to the petitioners/A- L to A-5.

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Learned courtsel for the^{petitioners/A-1 to A-5 submitsthat the} petitioners have trot committed any offence^{as allegedby the} prosecution and ttrey are falsely^{implicated in the above case' The} petitioners/A- 1 to r-5 are in^{custody since 22.08.2020 and theyhave} no previous criminrrl antecedents.^{Hence, it is prayedto consider the} petitioners' applica.,ion for bail.

Looking into the facts and circumstances of the case and

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taking into consideration the gravity of the offence alleged, I am inclined to grant bail to the petitioners/A-1 to A-5.

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The Criminal Petition is aliowed and the petitioners/A- 1 to A-5

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shall be released on bail on the following terms and conditions:

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(i) That the petitioners/A- 1 to A-5 shall execute a personal bond for Rs. 15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to the satisfaction of the I Additional Judicial First Class Magistrate (Special Court for Naxalite Cases) At Khammam;

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(ii) That the petitioners/A- 1 to A-5 shall appear before the investigating authorities on every Saturday between 10.00 am and 5.00 pm till conclusion of investigation and submission of final report;

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(iii) That the petitioners/A-1 to A-5 shall not indulge in similar type of activities in future and if it is found that they are indulged in similar type of activities in future, the liberty granted to them shall automatically stand cancelled and they would be taken into custody forthwith.

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(iv) that the petitioners/A- 1 to A-5 shall not tamper with the prosecution witnesses;

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(v) that the petitioners/A- 1 to A-5 shall co-operate with the investigating agency.

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(vi) that the petitioners/A- 1 to A-5 shall not misuse the liberty granted to them.

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(vii) that the petitioners/A- 1 to A-5 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

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Miscellaneous applications pending, if any, shall stand closed.

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To,

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sD/- B. SATYAV HI ASSIS R STRAR / /rRUE coPY/ / SECT N OFFICER

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1 . Il" Y Addl. District and Sessions Judge, Kothaoudem.

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2 . The I Addl' Judiciar First crass Magistiat'e cturt (-6p".iur court for Naxarite Cases ) at Khammam

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3 . The Superintendent, District Jail, Khammam 4 . Ihe S H O, P.S, Karakagudem, Bhadradri Kothaqudem Distrjct 65 . . Two one CC CCs to to sRr. PUBLIC G RAVicHANbnn PROSECUTOR, Srkiari High Court nJr8.J't" ofrelanganal6UfliopuCi' 7. One spare copy

/ f

HIGH COURT

GSDJ

DATEDtO4 /^02/2021.

ORDER

CRLP.No.295^{of ZOiZL}

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s
s'
$ ,9

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BAIL

Sode Lingaiah , Tula v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sode Lingaiah , Tula v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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