Dr. Ch. Srinivas v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1324 of 2020 ORDER :

This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioners/A1 to A3, seeking anticipatory bail in Crime No.1194 of 2019 on the file of the S.H.O., L.B. Nagar ( L & O) Police Station, Rachakonda District, registered for the offences punishable under Sections 420, 406 and 506 r/w 34 IPC.

2. Heard learned counsel for the petitioners as well as the learned Additional Public Prosecutor appearing for respondent-State.

3. Learned counsel for the petitioners submits that there are no specific allegations in the complaint against any of the petitioners and the de facto complainant filed the present complaint making baseless allegations and all the petitioners are roped without there being any truth in the allegations and the complaint is filed only to blackmail and defame the petitioners in the society. He further submits that the petitioners are innocent and they are falsely implicated in the case only to harass them after due deliberations. He further submits that the petitioners are law abiding citizens and ready to co-operate with the investigation and hence, he prays to grant anticipatory bail to the petitioners.

4. On the other hand, the learned Additional Public Prosecutor representing the State vehemently opposed the bail application and submits that the petitioners 1 and 3 in repayment of the amount to the de facto complainant, issued cheques for a sum of Rs.4 lakhs each and the said cheques have also been bounced.

5.

As seen from the contents of the FIR, there are specific allegations against the petitioners that they induced the de facto complainant to invest Rs.1,20,00,000/- in Supraja Hospital, situated at Nagole cross road. Out of which, the complainant was asked to transfer Rs.40,00,000/- to each of them individually and they promised to transfer 1.67% of respective shares in the company and apart from that, they promised to provide job to his wife in their hospital. However, they closed the hospital within no time and when the de facto complainant asked them to pay the amount, the petitioners threatened him with dire consequences. The petitioners hatched a criminal conspiracy and collected amount in order to cheat the complainant.

6. Thus, looking into the nature of allegations made against the petitioners and also keeping in view the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the Criminal Petition is dismissed. However, if the petitioners-A1 to A3 surrender before the concerned Court within 15 days from today and move an application after giving due notice to the Public Prosecutor, the same may be considered in accordance with law. Miscellaneous petitions, if any pending, shall stand closed. ________________________ JUSTICE G. SRI DEVI DATED: 03.03.2020.

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