Banapuram Venkatesh Santhosh v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.146 of 2025 ORDER:
This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioners in Crime No.233 of 2024 of EOW TEAM-VII, Central Crime Station, Hyderabad.
2.
The brief facts of the case are that on 23.11.2024 at about 16:20 hours, received a complaint from the de-facto complainant stating that he noticed suspected fraudulent activities at the Centre for Human Resources Development (CHRD). It is stated that the ACI is a self-financing institution and imparts modern management techniques to senior managers from the Government, Public Sector undertakings etc. Dr.B.Lakhmi (A1) being the director of CHRD was relieved from her service under suspicious activity from CHRD on 6.08.2024. It is further stated that she had been conducting training programmes and doing projects, accordingly, she was authorized to appoint the support services agencies/ventors on the need based cinoetebt criteria basis and some of the vendor's activity and consultant names are suspicious and received the bank payments of invoices with fraudulent means
with an intention to gain money illegally without any services provided to the ASCI with criminal conspiracy and cheated by providing false experience and provided fake CV and many fraudulent transactions were undertaken by A-1. The entire fraudulent transactions were done from March, 2021 to till date. Hence, a case was registered vide Crime No. No.233 of 2024 of Central Crime Station, Hyderabad, for the offences punishable under Sections 420, 406, 408, 468, 471 read with 120-B of IPC.
3.
Heard Sri B.Arjun Reddy, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent No.1-State.
4.
Learned counsel for the petitioners firstly submitted that the petitioners are innocent and they are no way concerned with the alleged offences. He secondly submitted that in Crl.P.No.14556 of 2024, this Court by disposing of the criminal petition and directed the the Investigating Officer to proceed with the investigation by issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.P.C) and also follow the guidelines of Hon'ble Supreme Court in Arnesh
Kumar v. State of Bihar1 but even after passing the order, the Police arrested accused No.1 and accused No.1 was approached to this Court vide W.P.No.34709 of 2024 and accused No.1 was granted bail dated 09.12.2024 by observing this Court that the the averments of the petition do not constitute offences under Section 467 of IPC. They thirdly submitted that previously, bail application of the petitioners, vide Crl.M.P.Nos.5703 of 2024 and Crl.M.P.No.5696 of 2024, were dismissed by IV Additional Sessions Judge, Hyderabad, on 31.12.2024, without valid reasons. He lastly submitted that the petitioners are resident of Hyderabad District, with movable and immovable properties, and is willing to furnish sureties as directed and prayed the Court to grant of anticipatory bail to the petitioners by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegation against the petitioners are severe in nature and the investigation is not yet completed, therefore, granting of bail to the petitioners at this stage does not arise and he prayed the Court to dismiss the criminal petition.
1 (2014) 8 SCC 273
6.
After considering submissions from both the parties and material available on record, it is apparent the originally these petitioners are not arrayed as accused, basing on confession of the co-accused they are implicated in this case and accused No.1 was granted bail by this Court. It is pertinent to note that the material part of the investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioners 7.
Accordingly, this petition is allowed granting anticipatory bail to the petitioners subject to the following conditions:
i.
The petitioner shall surrender before the Station House Officer of P.S.EOW Team-VII, CCS, Hyderabad within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.
ii.
The petitioner shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 5:00 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.
iii.
The petitioner shall abide by the other condition stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 09.01.2025 gv
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.146 of 2025 Date: 09.01.2025 gv