PENDYALA VENKATADRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition under Sec. 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioners on bail in the event of their arrest.

(2.) The petitioners are A-2 and A-3 in Crime No.143 of 2022 of Ibrahimpatnam Police Station, Krishna District.

(3.) The petitioners have produced the copy of the licence which is in favour of the 2nd petitioner, who is A-3. The genuineness of the said copy of the licence, which is now produced before this Court, is not disputed by the prosecution. In fact, learned Additional Public Prosecutor after seeking instructions in this regard, fairly conceded that it is a genuine licence. Therefore, it is now established that A-3 is in possession of a valid licence permitting him to possess explosives for the purpose of blasting the quarry. Now, the allegation against the petitioners is that he is in possession of excessive blasting material. But as can be seen from the licence, no limit is placed to possess the blasting material or the explosives. Further, it is not made clear how much quantity of the excess material is possessed by the petitioners beyond the limits of the licence. Therefore, in the said facts and circumstances of the case, this Court is of the considered view that the petitioners are entitled for pre-arrest bail.