G. Sunitha v. The State Of Telangana
HIGH COURT OF ]UDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON'BLE SMT. JUSTICE T.RAJANI CRLP.NO:1098 of 2018 Between:
G. Sunitha W/o Ravichandra Reddy Petitio ner/ Accused AND The State of Telangana, rep. by Publlc Prosecutor, High Court, Hyderabad. ...,. Res po n dent/ co m p la in a nt Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petltion filed hereln, the High Court may be pleased to enlarge the petitioner on bail in case of arrest by police in the Crime No.232 of 2017 on the file of the IV ACMM, Nampally, Hyderabad. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Raja Shekar Rao Salvaji, Advocate for the Petitioner, and of Public Prosecutor(AP) for the respondent, the Court made the following.
ORDER
SMT JUSTICE T. RAJANI CRIMINAL PETITION No.1O9 8 of 2018 ORDER:
This petition is filed seeking for grant of anticipatory bail to the petitioner/A7, in Crime No.232 of 2077 on the file of the Station House Officer, Amberpet Police Station, Hyberabad District. The offences alleged are under Sections 406 and 420 IPC.
2.
Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.
3.
The allegations against this petitioner are that she issued cheques towards the amounts due to the de facto complainant , towards the chit to which lhe de facto complainant subscribed. 4.
The counsel for the petitioner submits that the petitioner herein filed insolvency petition.
5. The nature of the allegations would show that it is \ \( completely a monetary transaction between the parties. ( The failure of the petitioner to pay the amount cannot be, prima facie, branded with any criminality. Hence, this court opines that this is a fit case for granting anticipatory bail to the petitioner. 6.
Accordingly, the criminal petition is allowed.
The petitioner/Al is directed to surrender before the Station House Officer, Amberpet Police Station, Hyderabad, within 15 days from the date of this order. On such surrender,
the petitioner shall be released on bail on her 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:
i) The petitioner shall make herself 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.
Sd/- K. ]AGAN MOHAN ASSISTANT REGISTRAR (fFOT ASS]STANY REGISTRAR //IRUE COPY// To
1. The Additional Metroporitan Sessions Judge for Trair of Communal offences Case-cum-VII Additional Metropolitan Sessions Judge, Hyderabad
2. The IV Additionar chief rvletroporitan Magistrate, at Nampally Hyderabad
3. The Station House Officer, Amberpet police Station, Hyderabad'.
4. Two CCs to the public prosecutor (TG), High Court at Hyderabad (OUT) !. 9n" CC to Sri Raja Shekar Rao Salvaji, Advocate (OpUC)
6. One spare copy.
GK
HIGH COURT TR,J DATED: 07.O2.2018 l.
.r EER 2U ORDER:
.4.
CRLP. NO:1O98 of 2018 DIRECTION