K.Ravi Kiran v. State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND EIGHTEEN PRESENT THE HON'BLE SMT. JUSTICE T.RAJANI CRIMINAL PETITION NO: 335 OF 2018 Between:
K.Ravi Kiran, S/o Munya, Age 32 years, occ: Sub-Registrar, R/o Guthpa Village, Makloor Mandal, Nizamabad District.
.....Petitioner/Accused No.3 (A9) AND The State of Telangana, through Station House officer, Police Station Bodhan, Nizamabad District, represented by Public Prosecutor, High Court at Hyderabad. .....Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioner/Accused No.3 (A9) by directing SHO PS Bodhan, Nizamabad District, or any other arresting officer to enlarge him on bail in the event of his arrest in connection with FIR. No. 9 of 2018 of PS Bodhan, Nizamabad District, dated 04-01-2018;
Counsel for the Petitioner :
SRI K.VENUMADHAV Counsel for the Respondent :
PUBLIC PROSECUTOR (TS) The Court made the following ORDER:
"This petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.3(A9), in Crime No.09 of 2018 on the file of Bodhan Police Station, Nizamabad District. The offences alleged are under Sections 468, 406 and 420 r/w 34 IPC.
2.
Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.
3.
The counsel for the petitioner submits that he is Sub-Registrar and that he did not register the sale deed as alleged and that the process that took place prior to the registration cannot create any nexus with him, as he cannot be attributed
with any knowledge about what happens prior to the matter coming before him for registration.
4.
The Public prosecutor submitted that the land was infact registered and that there was a prohibitory order with regard to the registration in respect of the survey numbers which are proposed to be registered. But the counsel for the petitioner submits that there is no such registration, which has taken place. The public prosecutor produces copy of the sale deed, but the signature of this petitioner is not seen on the said sale deed and there is no evidence to show that the sale deed went for registration.
5.
Hence, in view of above facts, this court opines that this is a fit case for granting anticipatory bail.
6.
Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Bodhan Police Station, Nizamabad District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
(i) The petitioner shall make himself available for interrogation by a police officer as and when required.
(ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) The petitioner shall not leave India without the previous permission of the Court.
As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Judicial First Class Magistrate, Bodhan, Nizamabad
2. The Station House Officer, Bodhan Police Station, Nizamabad District.
3. Two CCs to Public Prosecutor, (TS), High Court of Judicature, at Hyderabad (OUT)
4. One CC to Sri K.Venumadhav, Advocate (OPUC)
5. one Spare Copy
HIGH COURT AB DRAFTED ON 23-1-2018 TRJ DATE: 22-1-2018
ORDER
CRL.P. NO. 335 OF 2018 DIRECTION