JUDGMENT :

Abhay S. Oka, J.

1. Leave granted.

FACTUAL ASPECTS

2. The appellants are accused nos.46 and 47 in FIR No. 65 of 2018 registered on 23rd September 2018 at Dumbriguda Police Station, District Vishakhapatnam, in Andhra Pradesh. The appellants, along with other co-accused, are being prosecuted for the offences punishable under Section 120B read with Section 302 of the Indian Penal Code, Sections 18, 19, 20 and 39 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘the UAPA’). The appellants are also charged with offences punishable under Sections 4 and 5 of the Explosives Substances Act, 1908 (for short ‘the Explosives Act’).

3. The incident is of 23rd September 2018. At about 12:10 hours, Shri Kidari Sarveswara Rao, a member of the Legislative Assembly and whip of the Telugu Desam Party in Legislative Assembly and one Shri Siveri Soma, a former MLA belonging to Telugu Desam Party, were killed near the village Livitiputtu, Pothangi Panchayat within the jurisdiction of Dumbriguda Police Station at Visakhapatnam. This incident took place when both of them were proceeding to village Sarai to attend a function. The allegation is that 45 accused persons who belonged to the