CRLA/221/2026 of Gade Innaiah @ Gade Inna Reddy Vs The State - Represented by Deputy Superintendent of Police, on 2 March 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN AND THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO CRIMINAL APPEAL NO:221OF 2026 Criminal Appeal filed under Section 21 of NIA Act R/w 528 of BNSS aggrieved by the order dated 28-02-2026 in Crl. M.P. No. 394 ot 2026 on the file of the Hon'ble Court of lV Addl. Sessions Court Cum Special Court for NIA Cases at Nampally in only granting two days custody paroleto the Appellant to attend and perform the last rites and rituals of his deceased father with the escort provided by the jail authorities, as per jail manual on 01-03-2026 and O2-03'2026 with rigorous conditions, wherein the appellant has sought for 4 weeks of interim bail. Between: Gade lnnaiah @ Gade lnna Reddy, S/o Salomon Reddy, ,age-64 years R/o H. No. 3-711B., Regadi Thanda Village, OCC.social activist Zaffergadh Mandal,Jangaon District, Telangana. ...Appellant AND The State - Represented by Deputy Superintendent of Police, National lnvestigation Agency, Hyderabad Ministry of Home Affairs ...Respondent r.A. NO: 1 OF 2026 Petition under Section 21 of NIA Act FUw 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to exlend the custody parole granted by the special .c_ourt for a perioA oi two weeks by relaxing the conditions imposed by the Special .Court vide order dated 28to2t2o26 in crl.M.P. No. 394 ot 2026 in Rc4/2025/NlA,/Hyderabad. Counsel for the Appellant : Sri Nandigam Krishna Rao, Senior counsel representing Ms. Kamatam Rajitha counsel for the Respondent: sri P vishnuvardhan Reddy, special PP For NIA The Court delivered the following: Judgment TN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD HON'B[,E SRI JUSTICE, K. LAKSHMAN ANI) H()N'BLE JUSTICE B.R. MADHUSUDHAN RAO CRIMINAL APPEAL No.22l OF 2026 DATE:02 -03-2026 Between Mr. Gade Innaiah @Gade Inna Reddy' Vs Appellant - Accused 'Ihe State of Telangana, rep.by DSP, NIA. Hyderabad. Rcspondent - Cornplainant This Court made the follow'ing JUDGME (ORAL) (Per Hon'ble Sri Justice K. Lakshman) Heard Mr. Nandigam Krishna Rao, lcarned Scnior Counsel represenling Ms. Kamatam Rajitha, learned counsel fbr the appellant and Mr. P. Vishnuvardhan Reddy, learned Special Public Prosecutor for NIA.

2. This appeal is filed under Section - 2r of the National Investig:fing Agency Act read with section - 528 of BNSS, challengirrg the order dared 28.02.2026 in Crl.M.p. No.394 of 2026 in

KT.,J & BRMR,J Crl.A. No.22l of 2025 R.C. No.04/2025AiIA/HYD of P.S. NIA, Hyderabad, passed by leamed IV Additional Sessions Judge, Hyderabad.

3. The appellant herein is the sole accused in R.G.No.04/2025|NIA/HYD of P.S. NIA, Hyderabad. The offences alleged against him are under Section - 152 of BNS and Sections - l3 and 39 of the Unlawful Activities (Prevention) Act, 1,967.

4. He has filed an application seeking interim bail in the said crime before the Designated Courr fbr a period of four (04) weeks to attend the last rites and rituals of his father, who died on 28.02.2026 and also discharge his duties at the Maa lllu Orphanage Children as he is the care taker and there are crucial frnal examinations of childeren

5. The respondent - Investigating Agency opposed the said application contending that there are serious allegations leveled against the appellant herein. He has collected donations etc., and he has also has links with Maoists. t{e has publicly supported the said banned Maoists Organization. When interim bail was granted to the appellant herein for a period of two (02) days on imposition of certain conditions on the death of his rnother, to attend her funeral, He violated the said conditions and gave interview to Media People. There is / n"every possibility of the appellant threatening protected I // a -) KI-.J & BRMR,.I

witnesses and other witnesses. There is also possibility of the appellant jumping bail and non-cooperation with the Investigating Agency in the subject crime as the lnvestigation is in progress.

6. Vide the impugned order dated 28.02.2026, learned Designateri Court granted interim bail to the appellant herein on impositiorr of certain conditions, more particularly condition No.(f) i.e., The Petitioner/Al shall only be allowed to attend the rites and rituals of his deceased father without rneeting any of the outsiders except that he may be permitted to meet his imrnediate family member.

7. Challenging the said order, the appellant t-rted the presenr appeal.

8. As discussed above, leamed Designated Court granted interim bail for a period of two (02) days i.e., 01.03.2026 and 02.03.2026. During the course of hearing, it is broughr ro the notice of this Clourt that funeral has already been started and it is going to conclude, by 6.00 P.M. It is already 3.00 P.M.

9. Learned senior counsel also would contend that though the appellant sought interim bail for a period of four (04) weeks, learned Designated Court granted only for two (02) days. 9,n, 10,n, ll,h and

KL,.I & BRMR,J Crl.A No 22l of 2026 13th day's ceremonies are there and the appellant herein has to perform such ceremonies. 13'h day ceremony is on 12.03.2026.

10. [n the light of,the al'oresaid discussion, it is apt to note that Section -21 of the NIA Act,2008 deals with'appeals'. It is relevant and the same is extracted as under: *21. Appeals.{ I ) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order. of a Special Court to the l-ligh Court both on facts and on law'.

(2) Every appeal under sub-section (l) shall be heard by a bench of two Judges of'the Fligh Court and shall, as t'ar as possible, be disposed of \^'ithin a period of three rnonths ltorn the date of admission of the appeal.

(3) Except as aforesaid, no appeal or revision shall lie to any court from any judgrnent, sentence or order including an interlocutory order of a Special Court.

(4) Notwithstanding anything contained in sub- section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail.

(5) Every appeal under this section shall be preferred within a period of thirty days fiorn the

KL..I & T'I{MR.J Crl.A. No.22tot2026 date of the judgrnent, sentence or order appealed frorn Provided that thc High Court rnay entertain an appeal alter the expiry of the said perio<J of thirty dal s i{' it is sarisfied that rhe appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of period of ninety da1's." I l. In the present case, rearned Designated cour-t granted interim bail to the appellant on imposition of certain conditions. It is nof a reje;tio^ of bail. [n fact, rearned Designated court granted interim bail to the appeilant on imposition of ce.tain conditions.

12. If the appeilant wants extension of the said order, it is fbr him to .pproach the Designated court by tiling appropriare applicatiorr, and the Designated court wiil have trre benefit of going through the entire case record and also examination of the contentions raised by the appeilant and the NIA. Thus, it is for the Designared court to dispose of apprication which wourd be rrred by the appelrant herein seeliing extension of bail on the ground that he has to attend 9rh to I l'h and l3tl,day's ceremonies of his father.

Kt-,J & BRMR,J Crl.A. No.22l of 2026

13. With regard to the aforesaid condition No.(fl imposed by learned Designated Court that the appellant shall only be allowed to attend the rites and rituals of his deceased father without meeting any of the outsiders except that he may be permitted to meet his immediate family member, we are of the primafocie view that the said condition is unreasonable and it is in violation of Article - 2l of the Constitution of India. Therefore, we are inclined to modify the said condition in the following rnanner: "The appellant - accused No. I shall onlv be allowed to attend the rites and rituals of his deceased father without giving intervtews to any Media people i.e., Print, Electronic and Social Media. At the same time. neither NIA Ofiicials nor local police shall harass him in any manner on the ground of violation of the aforesaid order of learned Designated Court and this Court."

14. Howgver, the appellant herein is at liberty to approach learned Designated Court seeking extension of the aforesaid bail or file fresh application seeking interim bail to attend his father's 9th to l lth and 13th day's ceremonies, and on tiling such application (s), [**r

To, KI-,.' & BRMI{,J Crl.A. No.22l of 2026 learned Designated Court shall dispose of the same in accordance with Iaw withirr two (02) days thereafter. The NIA shall co-operate with the learne<l Designated Court in disposing of such application (s).

15. During course of hearing, it is also brought to the notice ol this Coua that the application filed by the appellant seeking regular bail is posted for orders on 09.03.2026. However, learned Designated Court shzrll dispose of the said application in accordance with larv without being influenced by any of the observations made in this order I6. With the aforesaid dircctions and observations, this appeal is disposed of. As a sequel thereto, miscellaneous applications, il'any, pending in this a[rpeal shall stand closed. SD/- N CHANDRA SEKHAR, DEPUW REGISTRAR /TRUE COPY// SECTION OFFICER

1. The lV Additional Sessions Court Cum Special Court for NIA Cases at Nampallys

2. The suJrerintendent, cenral Prison, chenchalguda, Hyderabad (By Special Messenger)

3. The Deputy Superintendent of Police, National lnvestigation Agency, HyderaLrad Ministry of Home Affairs

4. One CC to lvls. Kamatam Rajitha, Advocate IOPUCI

5. One CC to Sri P Vishnuvardhan Reddy, Special PP for NtA, (OPUC)

6. Two CD, Copieg 'Llexs

HIGH COURT DATED: 0210312026

JUDGMENT

CRLA.No.221 ot 2026 DISPOSIT{G OF THE CRLA ,r(.s 4nlu I /.:: N ',,?-,.,\ :'.-r C,o tlf t'nt u$ -f, !i') 4 ;' -..' :