ORDER:

This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.4, seeking regular bail, in Crime No. 114 of 2026 on the file of Samalkota RS., Kakinada District, registered for the offences punishable under Section 223, 228, 125(a), 125(b), 105 read with 49 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 9(b)(1)(a)(b) of the Explosives Act, 1884.

2. The prosecution case, in brief, is that on 28.02.2026 at about 2:30 p.m., a fire accident occurred at Surya Sri Fireworks, situated on the outskirts of Vetlapalem Village, Samalkot Mandal. The incident was reported on the same day at about 4:00 p.m., wherein the complainant stated that the offence took place at the said location. The accused No.1, being the owner of the said fireworks unit, allegedly caused the incident due to negligence and mismanagement. In the said fire accident, 20 persons died and 11 others sustained injuries and were admitted to hospital; out of the injured, 8 persons later succumbed to their injuries. The petitioner herein is arrayed as accused No.4 being a supplier, who repeatedly facilitated and abetted the A1 and A2 by supplying explosive materials.

3. Heard Sri M.S.R.Sashi Bhushan, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner would submit that the petitioner herein is Accused No.4. According to the prosecution case, he is alleged to have sold “sulphur” to the other accused. He is a licensed seller and is not involved in the present unfortunate incident. Learned counsel would further submit that the petitioner has been in judicial custody since 10.03.2026. There are no criminal antecedents against the petitioner. The petitioner is ready to furnish the sureties to the satisfaction of the Court. Learned counsel for the petitioner also brought to the notice of this Court that a custody petition was filed by the investigating agency, but the same was dismissed by the learned Magistrate Court, on 26.03.2026. Learned counsel finally prays to allow the petition.

5. Learned Assistant Public Prosecutor vehemently opposes the petition and submits that the petitioner is a licensed seller of “sulphur” and had supplied an excess quantity of sulphur to the accused. She further submits that the investigation is still pending, as some more witnesses are yet to be examined and the RFSL report is awaited. She would further submit that so far, a total of 155 witnesses have been examined. She finally prays for dismissal of the petition.

6. Considering the submissions made and upon perusal of the material on record, and in view of the nature and gravity of the offence, the stage of investigation, and the period for which the petitioner has been in judicial custody, this Court finds that no material has been placed to prima facie establish any intention or knowledge on the part of the petitioner connecting him with the alleged offence. In the light of the above circumstances, this Court is inclined to grant bail to the petitioner/accused No.4.

7. In the result, the Criminal Petition is allowed with the following stringent conditions:

i. The petitioner/Accused No.4 shall be enlarged on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned V Additional Judicial First Class Magistrate, Kakinada.

ii. The petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future.

iii. The petitioner/Accused No.4 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.

iv. The petitioner/Accused No.4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with th