1 IN THE COURT OF THE JUDGE, FAMILY COURT CUM ADDITIONAL SESSIONS JUDGE,

Present: Smt. PVP Lalitha Siva Jyothi, Judge, Family Court cum Additional Sessions Judge, Karimnagar.

Friday, this the 10th day of July, 2020

Criminal Miscellaneous Petition No.200 of 2020 in Crime No. 71 of 2020 of Choppadandi P.S.

Between:

Manda Anjaiah s/o Uppalaiah, 62 yrs, Mudiraj r/o Choppadandi village and mandal of . …Petitioner/ Accused No.1. and

The State through Station House Officer, Choppadandi P.S.

…Respondent/Complainant.

Offences under Sections 286 IPC, Sec. 9 B (I) (b) the Explosive Act, 1884 & Sec. 5 of Explosive Substance Act, 1908.

Petition filed under Section 439 of Cr.P.C.

This petition is coming before me today i.e., on 10.07.2020 for hearing in the presence of Sri K.Bhoomaiah, Advocate for the petitioner/accused No.1 and learned Addl. P.P for the State, having heard and stood over for consideration to this day, the Court made the following:

: O R D E R :

This is a petition filed under Section 439 Cr.P.C for grant of bail to the petitioner/accused No.1. Notice given to learned Addl.P.P. Counter filed. Heard both sides. Perused the record. According to the prosecution, the petitioner/A1 was having explosive license for explosive magazine at the outskirts of Choppadandi village and the said license has been expired and even then he is purchasing explosives from unknown persons and utilizing the explosives for blasting in his quarry as well as selling the explosives to the surrounding quarries and digging agricultural wells by knowing that it is endangerous to human life and his elder son (A3) is also helping in his illegal business and A2 is the watchman to stored explosives and crusher and A5 is the car driver assisting A1 in explosives transporting and A1 with the help of A2 to A6 selling explosive to all other and earning huge profits and thereby he committed the offence punishable U/sec. 286 IPC, Sec. 9 B (I) (b) the Explosive Act, 1884 & Sec. 5 of Explosive Substance Act, 1908. 2 The learned APP filed counter and vehemently opposed to grant bail and submits that the investigation is under progress and charge sheet is not yet filed and the A1, A3 and A4 are arrested and sent for judicial remand and the case is under investigation for collection of some more evidence and A1 is the owner of Magazine and crusher, A2 to A6 are the workers of A1 and if the bail is granted to accused NO.1, there is every possibility of destroy the evidence and also chance to put the complainant and other important witnesses under threat and influence and tampering the evidence and A1 is purchasing huge explosives from some unknown persons and utilizing the same in digging of the agricultural wells knowingly that it is endangerous to human life and using in illegal blasting and also selling to other quarries and crushers to blasting without having any license or documents and investigation officer seized (7) boxes of electronic detonators containing total (10500) detonators, (37) boxes of Gelatin sticks containing total (7400) gelatin sticks, (30) Ammonium bags, ‘D’ guard wire bundles and (18) Booster boxes total (162) Boosters from the possession of A2 under cover of panchanama and prays to dismiss the petition. The learned counsel for the petitioner/accused No.1 submits that the petitioner/accused No.1 is a heart patient and he is detained in jail, his health would be spoiled and he is having valid license and the same is subsistence to transport Ammonium nitrate for possession and for sale and the entire investigation has been completed except filing of charge sheet and if he is not granted bail, his family members will suffer and the investigation has already been completed and there is no likelihood of tampering of evidence and he has permanent place of abode and he is ready to abide by any conditions as imposed by the court and prays to grant bail to him. The learned counsel for the petitioner/A1 filed only xerox copies of license forms and discharge summary dt: 20.05.2019 and medical reports. But as seen from the record, the counsel for petitioner/A1 filed only xerox copies of documents and it does not reveal that A1 is having valid license for purchase of explosives and utilizing for blasting in his quarry as well as selling the explosives to the surrounding quarries and digging of agricultural wells. As seen from the record, the petitioner/Accused No.1 was remanded to Judicial custody on 02.07.2020. The offence leveled against him are U/sec. 286 IPC, Sec. 9 B (I) (b) the Explosive Act, 1884 & Sec. 5 of Explosive Substance Act, 1908. There are specific grave allegations against the petitioner/Accused NO.1. This is the first bail application. The investigation is not yet completed and the same is under progress. If at this stage, the petitioner/Accused No.1 is enlarged on bail, there is every likelihood of tampering the evidence, may hamper the investigation and may threaten the witnesses and cause hurdles for further progress of investigation. Considering the nature of the offences and in view of the facts and circumstances of 3 the case and in the interest of justice, I find that at this stage, the petitioner/Accused NO.1 herein does not deserve to be granted bail.

In the result, the petition is dismissed.

Typed to my dictation by personal assistant, corrected and pronounced by me in the open Court on this the 10th day of July, 2020.

Judge, Family Court cum Additional Sessions Judge, Karimnagar. To 1) The Prl Junior Civil Judge cum Judicial Magistrate of First Class Karimnagar. 2) The Station House Officer, Choppadandi P.S.