M.A. Kareem, And Another v. The State Of Telangana, And Another

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NOs.843 AND 867 OF 2020 ORDER:

These two Criminal Petitions, under Section 438 of the Code of Criminal Procedure, (Cr.P.C.), are filed by the petitioner/A-3 and the petitioners/A-1 and A-2 respectively for grant of anticipatory bail in Crime No.645 of 2019 of P.S. Pahadisharief, Ranga Reddy District, registered for the offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. Hence, they are taken up together for disposal.

Heard the learned counsel for the petitioners/A-1 to A-3, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is inter alia stated that A-1 to A-3 stated to have purchased land to an extent of Acs.6.19 gts situated at Turkayamjal Village, Abdullapur Revenue Mandal, Ranga Reddy District, from one Bokka Chenna Reddy and shown the agreement documents and hence, the complainant and one other paid an amount of Rs.16,00,000/- to purchase the said land but after receipt of amount, there was no response from A-1 to A-3 and when consulted with the actual and real owner of the land, it was informed that he is not selling the land to any body and not executed any agreement. Hence, A-1 to A-3 cheated the complainant.

Learned counsel for the petitioners/A-1 to A-3 would submit that the de facto complainant arranged the amount to the petitioners only towards a debt for domestic needs of the

petitioners. The de facto complainant has been pressurizing the petitioners with dire consequences to pay back the debt immediately. It is further submitted that the petitioners are lawabiding citizens and have not committed any offence as alleged by the de facto complainant. They have no knowledge in the real estate or have money to purchase any land. Hence, it is prayed to grant anticipatory bail to the petitioners/A-1 to A-3. Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-1 to A-3.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners/A-1 to A-3 that they received an amount of Rs.16,00,000/- knowing fully well that they do not own any land to execute the registered sale deed. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-1 to A-3. Both the Criminal Petitions are, accordingly, dismissed. Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 27th February 2020 RRB