Syed. Sana v. The State Of Telangana
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1483 of 2020 O R D E R :
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner, who is A.2, for grant of anticipatory bail in the event of her arrest in Crime No.714 of 2018 of Jagadgirigutta Police Station, Cyberabad, Ranga Reddy District, registered for the offences punishable under Sections 420 and 409 of IPC. The case of the prosecution is that the complainant had lodged a complaint stating that A.1 to A.3 induced him stating that A.2 got job in ICICI Bank and going to organize a Gold Exhibition to which some foreign delegates are coming to purchase the said gold ornaments and lured him that they will pay commission and believing the said words, the complainant gave 2 1⁄2 tolas of gold and 30 tolas of silver articles to the petitioner/A.2, that though at the first instance, they paid Rs.
66,000/- towards commission and returned the said items, later they paid Rs.86,000/- towards commission, but did not return the gold ornaments, thus the accused persons cheated him and several others also. Basing on the said complaint, Crime No.714 of 2018 was registered for the aforesaid offences against the petitioner/A.2 and other accused.
Heard learned counsel for the petitioner/A.2 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner contends that the petitioner is innocent of the offences alleged and she has been falsely implicated in the above crime. It is contended that the transaction is purely between the petitioner's husband, who is A.1, and the complainant and the petitioner has nothing to do with the same. It is also contended that this is the second bail application and the first bail application of the petitioner was already dismissed by this Court vide order dt.14.02.2019 in Crl.P.No.622 of 2019. The petitioner is ready to abide by any conditions imposed by this Court, including assisting the investigating agency for her release on anticipatory bail in the event of her arrest in the above crime.
On the other hand, the learned Additional Public Prosecutor vehemently opposed the relief sought in the above petition.
A perusal of the record reveals that this is the second bail application of the petitioner and the first bail application of the petitioner was already dismissed by this Court vide order dt.14.02.2019 in Crl.P.No.622 of 2019 and no new grounds whatsoever have been urged in the present bail application. Therefore, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner/A.2 is directed
to surrender before the Court below concerned within ten days from today. If the petitioner/A.2 moves an application for regular bail, after giving prior notice to the Public Prosecutor concerned, the said application shall be considered in accordance with law.
With the above observations, this Criminal Petition is disposed of.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ JUSTICE G. SRI DEVI 12.03.2020.
Msr
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1483 of 2020 12.03.2020 Msr