K. Nagabushnam v. The State Of A.P

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FIFTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 731 of 2018 Between:

K.Nagabushnam, S/o. Chiranjeevulu Naidu Petitioner (Accused No.2 in Cr.No.5/2018 of Pichatur P.S., Chittoor District) AND The State of A.P., rep by Station House Officer, Pichattur Police Station, Pichattur, Chittoor District, through Public Prosecutor, High Court at Hyderabad, for the State of Telangana and the State of A.P.

Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioners/Accused No.2, on anticipatory bail in the event of his arrest in connection with Crime No. 5 of 2018 on the file of SHO, Pichatur Police Station, Chittoor District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Ch.Srinivas, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A2, in Crime No.5 of 2018 on the file of Pichatoor Police Station, Chittoor District. The offences alleged are under Sections 468, 471, 420 r/w 34 IPC. 2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

The case of the prosecution, as reflected in the FIR, is that in the month of October, 2017, at Tahsildar's office, Pichatoor, the alleged incident occurred, wherein the petitioner and others colluded with each other and forged and manipulated documents of inward register of Tahsildar Officer, by making fictitious and false entries with regard to the two applications filed by two people under the Right to Information Act and the said false information was used by the petitioner in O.A.No.2847 of 2017 to obtain a favourable order. 4.

The counsel for the petitioner submits that the order of suspension, which was passed against the petitioner, was revoked by the Government and an order to reinstate the petitioner was made and when the said order was not being implemented by the Department, the petitioner filed O.A. before this Court for not implementing the said orders and it is after filing of the said petition, this complaint came to be lodged.

5.

Considering the above and considering the nature of the allegations, 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, Pichatoor Police Station, Chittoor 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 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:

..2..

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, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The SHO, Pichattur Police Station, Pichattur, Chittoor District.

2. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

3. One CC to Sri Ch.Srinivas, Advocate(OPUC)

4. One spare copy.

SAH

HIGH COURT TRJ DATED: 05-02-2018

ORDER

CRL.P.NO. 731 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 06-02-2018 HIGH COURT TRJ DATED: 05-02-2018

ORDER

CRL.P.NO. 731 OF 2018 ANTICIPATORY BAIL