Telangana High Court
The State Of Telangana vs Sonde Ravi And 2 Others on 11 February, 2021
Author: G. Sri Devi
Bench: G. Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.2348 of 2020
ORDER:
The petitioner-State filed this Criminal Petition under Section 439(2) Cr.P.C., seeking to cancel the bail granted to the respondents/A6, A13 and A14 vide order dated 27.05.2020 in Crl.M.P.No.181 of 2020 in Cr.No.38 of 2020, by the learned V Additional District and Sessions Judge, Kothagudem.
2. The brief facts of the case are that the respondents/A6, A13 and A14 were arrested in Cr.No.38 of 2020 on the file of Paloncha Rural Police Station, for the offences under Sections 143, 148 read with Section 149, 120-B IPC and under Section 8(1)(2) of TSPS Act and under Sections 5 and 6 of Explosive Substances Act and under Sections 10,13,18 and 20 of Unlawful Activities Prevention Act, 1967. It is alleged in the complaint that the respondents and other accused are sympathizers of banned CPI (Maoist) party and they have been supporting them from outside and cooperating them in all sorts and they used to procure explosive substances like gelatin sticks, detonators and boosters and essential commodities etc., to banned CPI (Maoist). It is stated that as the presence of respondents/A6, A13 and A14 is very much essential for the purpose of investigation and for collection of material pertaining to banned CPI (Maoist) party and as there is likelihood of committing repeated offences and tampering with the witnesses, the petitioner seeks to cancel the bail granted to respondents/A6, A13 and A14. 2
3. Heard learned Additional Public Prosecutor for the petitioner and Sri Nandigam Krishna Rao, learned counsel for the respondents/ A6, A13 and A14.
4. Learned Additional Public Prosecutor submits that as there is every likelihood of tampering with the prosecution witnesses, he prays to allow the petition and cancel the bail granted to the respondents/ A6, A13 and A14 by the lower Court.
5. On the other hand, learned counsel for the respondent submits that no complaint is received from any one of the prosecution witnesses regarding threatening of prosecution witnesses.
6. A perusal of the material on record would show that there is no allegation of threatening of any witness as none of the prosecution witnesses have filed any complaint before the police regarding the threat made by the respondents. It is also not the case of the prosecution that the respondents are not complying with the conditions imposed by the lower Court while granting bail or they misused the liberty granted to them or indulged in similar type of activities after their release on bail. Thus, looking into the totality of the circumstances and only on mere apprehension, the petitioner filed the present petition without any basis.
7. Accordingly, the Criminal Petition is dismissed.
8. Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.
_____________ G. SRI DEVI, J 11th February, 2021.
sj