Orsu Sambasiva Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.656 OF 2024 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/accused No.1 in Crime No.323 of 2023, on the file of the PS CCS, DD, Hyderabad, registered for the offences punishable under Sections 420, 406, 467, 468 and 471 r/w 34 of the Indian Penal Code.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The case of EOW Team who registered the case and now investigating is that this petitioner and accused No.2, who is an IPS officer colluded with each other to grab the property of de facto complainant. They fabricated documents and filed before the Civil Court. For the said reason of fabricating the records and trying to

cause wrongful loss to the de facto complainant. The complaint has been lodged.

4.

Learned counsel for the petitioner would submit that the disputes are purely civil in nature and issues are pending before the competent civil Court regarding the alleged fabrication of documents.

5.

Learned Additional Public Prosecutor opposed to allow the bail application on the ground that the son of accused No.1 threatened the de facto complainant. If that is so, legal action however be initiated against the said threat of the son of accused No.1 and the same cannot be made basis to deny the bail to accused No.1. 6.

It is not in dispute that the petitioner was taken into police custody during the course of investigation. Since the case rests on documents, which are now pending for adjudication before the competent civil Court, the benefit of regular bail can be considered in so far as this petitioner is concerned. Hence, the petitioner is

granted the relief of regular bail subject to following conditions:

i) The petitioner/accused No.1 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Five thousand only) with two sureties, for a like sum each to the satisfaction of the XII Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad.

ii) The petitioner/accused No.1 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday and Wednesday for a period of four (04) weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 22.01.2024 gvl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.656 OF 2024 Dt.22.01.2024 gvl