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High Court for State of TelanganaCRLP/1074/2026allowed no costs

Devender @ Karnam Devender Goud v. The State Of Telangana

2026-02-09K. Sujana7 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1074 of 2026 DATE: 09.02.2026 Between:

Devender @ Karnam Devender Goud .... Petitioner/accused No.2 AND The State of Telangana, Rep. by its Public Prosecutor, Police Station Parigi.

.... Respondent/Complainant ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) by the petitioner, who is arrayed as accused No.2, in the event of his arrest in connection with FIR No.308 of 2024 of Parigi Police Station, Vikarabad District, registered for the offences punishable under Sections 406, 420 of the IPC and

Section 5 of the Telangana Protection of Depositors Financial Establishment Act-1999 and Section 76 of the Chit Fund Act, 1982.

2.

The case of the prosecution is that, on 17.12.2024, the de-facto complainant lodged a report before the police stating that he is the member of SLNK Chit Fund Pvt. Ltd and he paid a monthly premium of Rs.5,00,000/- and he is also a successful bidder in 42nd month and he is entitle to get an amount of Rs.4,00,000/-, whereas, the accused paid only Rs.1,00,000/- and for the remaining amount when he requested them, they did not paid the same and threatened the de-facto complainant and he was also entitle for Rs.2,16,000/-. Hence, he requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences.

3.

Heard Sri Rahul Kandharkar, learned counsel for the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent -State.

4.

The contention of the petitioner is that the petitioner herein was a successful bidder in the 42nd month auction of a chit during the year 2017 and the SLNK Chit Fund is a private limited company and when there is a procedure for recovery of amount, they falsely implicated the petitioner herein in the present case for the offence punishable under Section 5 of the Telangana Protection of Depositors Financial Establishment Act-1999 and Section 5 of the Telangana Protection of Depositors Financial Establishment Act-1999 is not applicable to the present case. It is further submitted that though he is arrayed as accused No.

2, there are no specific allegations against the petitioner and from the last one year, there is no progress in the case and none of the accused revealed the name of the petitioner herein and he is ready to cooperate with the investigating authority and accused Nos.1 and 3 were already arrested and were released on bail and further, the custodial interrogation of the petitioner is not required for further investigation. Therefore, he prayed the Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner by filing a counter, stating that the allegations against the petitioner are serious in nature and he is the main person involved in the present crime and he issued cheques to the number of subscribers and inspite of issuance of the cheques, the amount was not paid to the victims and therefore, the custodial interrogation of the petitioner is required to trace out the amount paid by the victims. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, the petitioner herein is arrayed as accused No.2 and the allegations against the petitioner herein are that he is the subscriber of the said chit fund company and he along with other accused received amount from the number of victims and later, inspite of their request, they have not paid the amount and also threatened the number of victims and the total amount received by the chit fund company is more than Rs.1 Crore from the public and the same was

misappropriated, whereas, the statement filed by the learned Additional Public Prosecutor along with the counter does not reveal the name of the petitioner and the role of the petitioner and he also filed the documents showing the cheques given by the subscribers to the chit fund company. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Parigi Police Station, Vikarabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/-, with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the

Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., for a period of 8 weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.

7.

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

_______________ K. SUJANA, J Date: 09.02.2026 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1074 of 2026 Date: 09.02.2026 TU