Antony Sandelly v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.368 OF 2022 ORDER:- This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A.2 in the event of her arrest in connection with Crime No.1007 of 2021 of Kushaiguda Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 419, 420, 465, 467, 468 and 471 of IPC.

2.

The case of prosecution is that on 18.02.2021 at 10.00 p.m., the SHO, Kushaiguda, received a report from the informant stating that he is working as Branch Manager in AP Mahesh Co-op Urban Bank, A.S.Rao Nagar Branch. He stated that A.1 opened the saving accounts in the month of July, 2021, by submitting documents i.e., Aadhar Card and PAN Card and claimed the insurance amount of Korivi Srikanth on 28.07.2021 for Rs.33,318/- and again on 30.07.2021 for Rs.48,293/-. After enquiry, they came to know that the documents submitted by A.1 were fabricated and as per plan, A.1 contacted with A.2 and created the fake Aadhar card and PAN card by editing photo. Basing on the said report, the present complaint is registered. 3.

Heard Mr.P.Ramesh Babu, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondent-State. 4.

Learned counsel for the petitioner submits that all the allegations are against A.1. Basing on the confession of A.1, the petitioner is arrayed as A.2. He submits that even as per the confession of A.1, it is stated that A.1

contacted with A.2 and he created fake Aadhar and PAN Card by editing her photo with the help of Corel draw application in his Laptop. Even the amounts were also drawn by A.1. He further submits that it is not even the case of the prosecution that the petitioner has received any monitory benefit in the entire transaction. He submits that the petitioner is a lady and has to take care of her children. Hence, the petitioner's case may be considered for grant of prearrest bail. 5.

On the other hand, learned Assistant Public Prosecutor submits that investigation is going on and so far three witnesses were examined. Hence, at this stage, the petitioner is not entitled for pre-arrest bail. 6.

Taking into consideration all the allegations with regard to creating and fabricating of documents are on A.1, this Court deems it appropriate to grant pre-arrest bail to the petitioner/A.2.

7.

Accordingly, this Criminal Petition is allowed. Petitioner/A.2 shall surrender before the Station House Officer, Kushaiguda Police Station, Rachakonda Commissionerate, in connection with Crime No.1007 of 2021 within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, she shall be released on bail. It is made clear that no further extension of time will be granted.

___________________________ LALITHA KANNEGANTI, J Date :03.02.2022 mar