VANTHALA DHARMAYYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Accused No.84 in S.C.No.119 of 2019 on the file of the learned Metropolitan Sessions Judge-cum-Special Judge for trial of N.I.A.Act Cases at Vijayawada is the appellant in the present Criminal Appeal, preferred under Sec. 21 (4) of the National Investigation Agency Act, 2008.

(2.) Heard Sri D.Suresh Kumar, learned counsel for the appellant, and Sri Siddi Ramulu, learned Senior Public Prosecutor for the National Investigation Agency, apart from perusing the entire material available on record.

(3.) In an incident that took place at 12.10 p.m. on 23/9/2018 two representatives of the people were alleged to have been killed by the Maoists. In connection with the said offence, Dumbriguda Police registered Cr.No.65 of 2018 on 23/9/2018 against 45 persons initially. Subsequently, the case was taken up by the National Investigation Agency and, during the investigation, some more persons were added as accused and re-registered the same as Rc.No.2/2018/ NIA/Hyd, under Ss. 120-B, 147, 148, 149, 302, 342, 353 and 397 IPC, Ss. 25 and 27 of the Indian Arms Act and Ss. 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. Thereafter, after completion of investigation, the National Investigation Agency filed charge sheet and also supplemental charge sheet. On the basis of the confession statement of A46-Sri Yedala Subba Rao, appellant herein came to be added as A84 and ever since he has been in Central Prison, Visakhapatnam. Appellant herein filed Crl.M.P.No.1831 of 2019 on the file of the learned Metropolitan Sessions Judge-cum-Special Judge for trial of N.I.A.Act Cases at Vijayawada, under Ss. 437 and 439 of Cr.P.C., seeking his enlargement on bail. The prosecution resisted the said application by filing a counter. The learned Judge, by way of an order, dtd. 23/12/2019, dismissed the said application. In the present Criminal Appeal, filed under Sec. 21 (4) of the National Investigation Agency Act, challenge is to the said order passed by the learned Metropolitan Sessions Judge-cum-Special Judge for trial of N.I.A.Act Cases at Vijayawada.