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High Court for State of TelanganaCRLP/442/2025allowed no costs

Ulli Vignesh Goud @ Ulli Vigneshwar v. The State Of Telangana

2025-01-20K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.442 of 2025 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioner in Crime No.62 of 2024 of Chigurumamidi Police Station, Karimnagar.

2.

The brief facts of the case are that on 13.104.2024 at 09.00 hours, received a complaint from de-facto complainant stating that the accused person deceitful words, the de-facto complainant and others invested money in the business called Block Chain Hyperware, by offering him three times the money came in form of HU and the accused deceiving the defacto complainant and others. Hence, a case was registered vide Crime No. No.62 of 2024 of Chigurumamidi Police Station, Karimnagar, for the offences punishable under Section 420 of IPC. Later, after investigation Police alter the Section of law from 420 of IPC to 420, 409 of IPC. 3.

Heard Sri Vadlakonda Ravi Kumar Reddy, learned counsel appearing on behalf of the petitioner 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 petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that though the alleged incident was occurred on 06.04.2022, the FIR was registered on 13.04.2024 with a delay of 2 years to falsely implicate the petitioner in this case with fabricated allegations. He thirdly submitted that the averments of the petition do not constitute offences under Section 409 of IPC and allegations against the petitioner are vague in nature. He lastly submitted that previously, anticipatory bail application of the petitioner vide Crl.M.P.No.553 of 2024 was dismissed by the Special Judge for Trial of Cases under SCs & STs (POA) Act - Cum - III Additional District and Sessions Judge, karimnagar, on 03.01.2025, without valid reasons. Therefore, he prayed the Court to grant of anticipatory bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that by believing the words of the petitioner, the de-facto complainant and others gave money to the

petitioner and Section 409 of IPC is applicable to this petitioner and the investigation is not yet completed, therefore, granting of bail to the petitioner at this stage does not arise and he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and material available on record, it is apparent the averments of the petition do not constitute offences under Section 409 of IPC and the transaction between the petitioner and de-facto complainant is only business transaction. 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 petitioner. 7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of P.S.Chigurumamidi, Karimnagar District 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.

8.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 20.01.2025 Gv/gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.442 of 2025 Date: 20.01.2025 Gv/gms