Telangana High Court
Narayana Reddy C Venkat Ram Reddy vs The State Of Telangana, on 17 September, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.3758 OF 2020
ORDER:
This Criminal Petition is filed seeking anticipatory bail. The petitioner herein is accused No.3 in Crime No.71 of 2020 pending on the file of Venkatapuram Police Station of Khammam District. The offences alleged against him are under Section 120-B of IPC, Sections
- 10, 13, 17, 18 and 40 of the Unlawful Activities (Prevention) Act, 1967 and Section 8 (i) (ii) of the Telangana State Public Security (TSPS) Act, 1992.
2. Heard Mr. P. Vamsheedhar Reddy, learned counsel representing Mr. Jayant Jaisoorya, learned counsel for the petitioner, and the learned Assistant Public Prosecutor appearing on behalf of the respondent - State.
3. Mr. P. Vamsheedhar Reddy, learned counsel for the petitioner, would submit that the petitioner - Accused No.3 was implicated in a false case by the police. He would further submit that there are no specific overt acts against the petitioner. Basing on the confessional statement of accused No.2, the petitioner was implicated in the above crime. He is a Beedi Leaf Contractor. For the purpose of paying salaries to his employees, money was drawn from the Bank. Accused No.2 is his employee. Without considering the said aspects, the police implicated the petitioner in the above case and trying to apprehend him.
KL,J Crl.P. No.3758 of 2020 2
4. The learned counsel for the petitioner would further submit that the petitioner is aged about 72 years and he has been doing beedi leaf business as a contractor for the last 22 years in four States. The petitioner is a cardiac patient. In proof of the same, the learned counsel has filed copies of medical reports and discharge summary issued by Care Hospital.
5. The learned counsel would further submit that the Court below dismissed the anticipatory bail application earlier in view of prohibition under Section 43D (4) of the Unlawful Activities (Prevention) Act, 1967 (for short 'UAP Act), anticipatory bail under Section 438 of the Code of Criminal Procedure (Cr.P.C.), 1973 is not maintainable. The petitioner will abide by any of the condition that may be imposed by this Court.
6. With the aforesaid submissions, the learned counsel for the petitioner sought to grant anticipatory bail to the petitioner - Accused No.3.
7. On the other hand, the learned Assistant Public Prosecutor vehemently opposed the anticipatory bail application. He would further submit that there are serious allegations against the petitioner - accused No.3. The petitioner has extended financial benefit and funded to the banned CPI Maoist Party Leaders for the purpose of purchasing Arms and Explosives for several years.
KL,J Crl.P. No.3758 of 2020 3
8. With the aforesaid submissions, the learned Assistant Public Prosecutor sought to dismiss the present anticipatory bail application.
9. Perused the entire record. The petitioner is accused No.3 in the above crime. As per the remand report, accused Nos.1 and 2 are Couriers to the banned CPI Maoist Party. The petitioner is a Beedi Leaf Contractor. The application filed by accused No.2 seeking regular bail is pending before this Court. According to the learned Assistant Public Prosecutor, investigation is pending.
10. The offences alleged against the petitioner are under Section 120-B of IPC, Sections - 10, 13, 17, 18 and 40 of the UAP Act and Section 8 (i) (ii) of the TSPS Act.
11. As per Section 43D (4) of UAP Act, nothing in section 438 of Cr.P.C. shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under the UAP Act.
12. The Hon'ble Supreme Court in Anand Teltumbde v. The State of Maharashtra1 held that anticipatory bail application under Section 438 of Cr.P.C. in respect of offences under the provisions of UAP Act is not maintainable in view of Section 43D (4) of the UAP Act.
13. On perusal of the remand report, it is specifically alleged against the petitioner - accused No.3 that as per the instructions of 1 . SLP (Crl) No.1916 of 2020, dated 16.03.2020 KL,J Crl.P. No.3758 of 2020 4 accused Nos.4 to 8, the banned CPI Maoist Main Leaders, accused No.1 has been working as Courier. He was also introduced with Telangana State Committee, Mr. Haribhushan, accused Nos.10 to 14 and others, Dala members and militia members. In this order, as per the instructions of the main leaders of banned CPI Maoist Party, accused No.1 has collected the Maoist party fund every year from Maoist Party sympathizers i.e., Contractors, Business persons and other persons and handed over the same to party leaders. In this connection, accused No.1 was introduced with Maoist Party Sympathizers i.e., the petitioner herein, Beedi Leaf Contractor and his worker, Mr. Rajeshwara Reddy, accused No.2 in the above crime.
14. As per the orders of the banned CPI Maoist Party, accused No.1 met the worker of the petitioner herein at petitioner's rented office room at Bhadrachalam and collected the money as party funds secretly and same was handed over to the banned CPI Maoist Party Main Leaders. In this regard, two days back, the banned CPI Maoist Party Main Leaders, Accused Nos.6 and 8, Area LOS Commander and Telangana State Committee, Haribhushan and other accused persons, Dala Members and Militia Members called accused No.1 in his village Jarapally Forest Area and told as Maoist Party Sympathizer, petitioner herein, was to send party fund with his worker, RajeshwaraReddy to purchase the Arms and explosives and he (accused No.1) would meet him at Alubaka village outskirts and collect the money from him. According to their orders, on 26.06.2020 KL,J Crl.P. No.3758 of 2020 5 at early hours, accused No.2 made a phone call and told that he is at Bhadrachalam and would met at Cherla Area, upon which, accused No.1 started from his village on his motorcycle bearing No.AP 20AC 3190 TVS CVTI and reached to Cherla Area, mean time he came to know that on that day there is a Minister's Programme in Cherla Area, on which accused No.1 called Accused No.2 and asked about his location. Accused No.2 replied as he is also near to Cherla area. Further he told that due to the Minister's Programme, the Policy Party movements are high in Cherla Area, on that, accused No.2 told that they should meet at Alubaka village outskirts and that he is going to switch off his phone. Accused No.1 returned from Cherla and reached Alubaka village Center and waited for accused No.2.
15. At about 14:30 hours, accused No.2 came there on his motorcycle bearing No. TS 03EP 3700 and handed over an amount of Rs.17,40,000/- and gave one Maoist Literature Book which was printed by him and told that he was returning back to his owner's (petitioner herein) rented office room at Bhadrachalam. Thereafter, accused No.1 took the money and Literature book and kept in his backpack and was going to hand over the same to banned CPI Maoist Party Main Leaders. On his way, he was apprehended by the police. On search, the police had seized i) two Maoist Literacy Books; 2) SBI Bank, Reddy Colony Branch, Manchiryala District, Ch. Narayana Reddy account No.52107308225, Cheque No.134281, dated 25.06.2020, bank receipt; 3) One Smart Phone i.e., Oppo Mobile Vide KL,J Crl.P. No.3758 of 2020 6 IMEI Nos.865636030363415 & 865636030363407; and 4) Two Wheeler - (01) vide bearing No.TS 03EP 3700(Hero Splendor Pro., from the rented room of the petitioner.
16. It is also mentioned in the remand report that the petitioner
- accused No.3, Beedi Leaf Contractor, is doing business in dense forest area with the help of Maoist Party Members and, therefore, every year in Beedi Leaf Season, he will send money to the banned CPI Maoist Party secretly through accusedNo.1. Accordingly, the petitioner has handed over huge amount to the banned CPI Maoist Party secretly. The petitioner - accused No.3 in the first week of May, transported huge amount to Maoist Party in Maharashtra State. The Police, Maharashtra State stopped him, on enquiry by the police, the petitioner informed them that he has to distribute the money among the labourers of Beedi Leaf works and shown the money withdrawal receipt of SBI Branch. The Maharashtra Police seized the said amount and handed it over to Income Tax Department. In the same way, on 25.06.2020, accused No.1 along with petitioner - accused No.3 went to SBI Branch of Reddy Colony, Manchiryal, where the petitioner withdrew an amount of Rs.18,00,000/- from his account. The petitioner kept Rs.60,000/- with him for his expenses and gave the remaining amount of Rs.17,40,000/- to accused No.2 along with SBI withdrawal receipt and also instructed him to hand over the same to his known person i.e., accused No.1, who is working as Courier. On the way, the police stopped him and enquired him.
KL,J Crl.P. No.3758 of 2020 7
17. The above stated facts would reveal that the petitioner - accused No.3 is a Beedi Leaf Contractor. He is conducting the business in forest area. There are serious allegations of funding to the banned CPI Maoist Party Main Leaders through his employee, accused No.2. Further, there are specific allegations with regard to drawal of money from his account and seizure of the same in his rented office room. Prima facie the above allegations are serious in nature. The main allegation against the petitioner - accused No.3 is that he has been extending funds to the banned CPI Maoist Party Main Leaders since several years, and he is conducting the business in dense forest with the help of said leaders.
18. In view of the above serious allegations leveled against the petitioner - accused No.3 and also in view of the prohibition under Section 43D (4) of the UAP Act and also considering the principle held by the Hon'ble Supreme Court in the above decision, the present application filed by the petitioner - accused No.3 is dismissed.
As a sequel, miscellaneous petitions, if any, pending shall stand closed.
_________________ K. LAKSHMAN, J 17th September, 2020 Mgr