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CDJ 2026 TSHC 092 print Preview print Next print
Court : High Court for the State of Telangana
Case No : Criminal Appeal No. 276 of 2026
Judges: THE HONOURABLE MR. JUSTICE K. LAKSHMAN &THE HONOURABLE JUSTICE B.R. MADHUSUDHAN RAO
Parties : Gade Innaiah @ Gade Inna Reddy Versus The State of Telangana, rep.by DSP, NIA, Hyderabad
Appearing Advocates : For the Petitioner: Kamatam Rajitha, Advocate. For the Respondents: P. Vishnuvardhana Reddy, Spl P P for Ci Cell.
Date of Judgment : 13-03-2026
Head Note :-
BNSS - Section 528 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 21 of National Investigation Agency Act
- Section 528 of BNSS
- National Investigation Agency Act

2. Catch Words:
- Interim bail
- Escort bail
- NIA
- Prison
- Witness tampering

3. Summary:
The appellant, accused No. 1, sought an extension of interim bail to attend the 15th‑day funeral rites of his deceased father. The Designated Court had earlier granted bail only up to 12 March 2026 and dismissed the extension request. On appeal, the Court noted the appellant’s village is 140 km from the jail and that the requested date (14 March 2026) is essential for the final rites. The Court directed the Superintendent of Central Prison to provide escort bail for the appellant on that day, with strict conditions to prevent any interference with the investigation or witnesses. The appellant must return to prison by 7 PM the same day and is prohibited from media interaction or any disruptive conduct. The appeal was consequently allowed.

4. Conclusion:
Appeal Allowed
Judgment :-

K. Lakshman, J.

1. Heard Sri Akhil Ennam Shetty, learned counsel representing Smt.Rajitha Kamatam, learned counsel for the appellant and Sri P.Vishnu Vardhana Reddy, learned Special PP for NIA appearing for the respondent.

2. This appeal is preferred under Section 21 of National Investigation Agency Act read with Section 528 of BNSS challenging the order dated 12.03.2026 passed in Crl.M.P.No.470 of 2026 in Crl.M.P.No.443 of 2026 in R.C.No.04 of 2025/NIA/HYD of P.S., National Investigation Agency, Hyderabad, passed by the learned IV Additional Sessions Judge, Hyderabad.

3. The appellant herein is accused No.1 in the aforesaid crime. He has filed a petition vide Crl.M.P.No.443 of 2026 in the said crime seeking interim bail for a period from 04.03.2026 to 15.03.2026 on the ground that his father expired on 28.02.2026 and he has to perform final rites and also rituals and customary ceremonies of his father.

4. Vide order dated 06.03.2026, learned Designated Court granted interim bail to the appellant herein from 08.03.2026 to 12.03.2026 on imposition of certain conditions.

5. The appellant has filed an application vide Crl.MP.No.470 of 2026 in Crl.M.P.No.443 of 2026 seeking extension of the said orders dated 06.03.2026 and also a further direction to the Superintendent, Central Prison, Chanchalguda, Hyderabad, to further extend the interim bail (custody parole) till 14.03.2026 and remand back the appellant to the Central Prison, Chanchalguda, Hyderabad contending that as per his family customary practices, the family will offer daily Requiem Mass at the Church and the Rite of Committal at the graveyard for the heavenly abode of the departed soul till 13th or 16th day after death. The appellant’s family scheduled those day wise prayers as follows: “5th day (04.03.2026), 7th day (06.03.2026), 9th day (08.03.2026), 11th day (10.03.2026), 13th day (12.03.2026), 15th day (14.03.2026), Requiem Maa at Sagaram Church followed by Committal Service at Graveyard.”

6. It is further contended that on 15th day i.e., 14.03.2026, the sons and close male kin will perform the traditional tonsure (head shave) followed by Requiem Mass and after that all the family, friends and relatives will proceed to the graveyard for the lighting of candles, incense, and the sprinkling of Holy Water, concluding with a flower tribute to honor the heavenly abode of the departed soul. A special blessing by the Parish Priest to the photographs of the deceased in the presence of all the family members. Without considering the same, vide order dated 06.03.2026, learned Designated Court granted interim bail to the appellant herein for a period from 08.03.2026 to 12.03.2026. Therefore, the appellant sought extension of bail. The same was dismissed by the learned Designated Court vide order dated 12.03.2026. Therefore, the appellant preferred the present appeal.

7. Whereas, Sri P.Vishnuvardhana Reddy, learned Special PP for NIA vehemently opposes the appeal contending that in the earlier round of litigation, the appellant contended that 9th, 10th, 11th and 13th day ceremonies are there and the appellant has to perform such ceremonies and the 13th day ceremony is on 12.03.2026. Contrary to the said pleadings, the appellant is now seeking interim bail on 14.03.2026. On consideration of the said aspects only, vide impugned order, the learned Designated Court dismissed the application filed by the appellant.

8. As discussed supra, the appellant in his application i.e., in Crl.M.P.No.443 of 2026 specifically contended that with regard to the performance of 15th day ceremony on 14.03.2026 and the rituals to perform on the said date infact, are not considered by the learned Designated Court. The appellant also filed Memorial Service Card. The said aspects were not considered by the learned Designated Court in the Crl.M.P. Therefore, we are inclined to grant interim bail to the appellant herein for a period of one day i.e., 14.03.2026.

9. During the course of hearing, it is brought to the notice of this Court that the appellant’s village is 140 km far from the jail.

10. The Superintendent, Central Prison, Chanchalguda is directed to provide escort bail to the appellant herein. He shall be taken from the jail at 06.00 AM tomorrow i.e., on 14.03.2026 to enable the appellant to perform 15th day ceremony of his father. He shall be escorted by a team of officers of this State as well as NIA officers, Hyderabad. The State Police shall cooperate with the NIA Police, in this matter and it shall be responsibility of the State of Telangana Police to ensure that the petitioner shall travel to the places as stated. The Escort shall also take the help of local Police, in case, if they find it necessary.

11. The Police shall produce the appellant by 07.00 PM tomorrow i.e., 14.03.2026. During the said period, the Police shall keep a close watch on the appellant.

12. The appellant shall not make any attempt to induce, threat or make any promise to any of the witnesses or influence any of the witnesses.

13. The appellant shall not resort to commit any offence during the bail period.

14. The appellant shall only be allowed to attend the aforesaid 15th day ceremony of his father on 14.03.2026 without giving any interviews to any Media people i.e., Print, Electronic and Social Media. At the same time, neither NIA officers nor local Police shall harass the appellant in any manner on the ground of violation of this order.

15. The appellant shall not cause or incite anyone to disturb peace and tranquility.

16. He shall be strictly restricted to perform the rituals and rights of his deceased father and No slogans shall be chanted either directly or indirectly.

17. With the aforesaid directions and observations, this appeal is allowed.

As a sequel thereto, miscellaneous applications, if any, pending in this appeal shall stand closed.

 
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