Kalluri Laxmaiah v. The State Of Telangana
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1244 of 2022 ORDER:
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioner/A1 in the event of his arrest in connection with Crime No.7 of 2022 of Indrakaran Police Station, Sangareddy District, registered for the offences punishable under Sections 420, 419, 468 read with 34 IPC and under Sections 83 of Registration Act. 2.
The case of prosecution is that the Sub-Registrar-I, R.O.(OB), Sangareddy, has lodged a report stating the A1 has impersonated as Dasari Rajaratnam, who died on 30.05.2021, by creating fake aadhar card and got registered the subject property in favour of A2 and A3, vide document No.545 of 2022 and when the said document was presented for registration, they found that the said document was registered fraudulently. 3.
Learned Counsel for the petitioner Mr.T. Rajagopallavan, submits that basing on ground that the petitioner has impersonated and executed the document No.545 of 2022, initially Cr.No.58 of 2022 was registered on the file of Patancheru Police Station, Sangareddy, and in respect of the very same document, the present crime is registered on the file of Indrakarn Police Station, Sangareddy District. Learned counsel further submits that in the earlier crime, the petitioner was already granted regular bail by the learned Special Judicial Magistrate of First Class, Prohibition and Excise Offices, Sangareddy, by order dated 04.02.2022 in Crl.M.P.No.79 of 2022 in Cr.No.58 of 2022. It is submitted that while granting bail, the learned Judge has also observed that the accused is in jail since 27.01.2022 and he is a resident of Yellareddiguda, Ameerpet, Hyderabad, and on perusal of the documents filed by the police, it seems that the entire investigation is completed at least material part of the investigation is
completed, except filing of the charge sheet and hence, the Court below observed that no prejudice would be caused to the case of the prosecution. Learned counsel submits that for the very same offence, two crimes were registered and as already the petitioner was granted regular bail in the earlier crime, his case may be considered for grant of pre-arrest bail. 4.
Learned Assistant Public Prosecutor does not dispute the fact that for the very same offence, two crimes were registered and in the earlier crime, the petitioner was in jail for a period of 10 days and thereafter, released on regular bail.
5.
Taking into consideration the fact that for the self same offence, two crimes were registered and the petitioner was granted regular bail in the earlier crime, this Court deems it appropriate to grant pre-arrest bail to the petitioner/A1.
6.
The Criminal Petition is allowed. Petitioner - Accused No.1 shall surrender before the Station House Officer, Indrakaran Police Station, Sangareddy District, in connection with Crime No.07 of 2022 within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, he shall be released on bail. It is made clear that no further extension of time will be granted. _______________________ LALITHA KANNEGANTI, J 17th February, 2022 sj
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1179 of 2022
Date:15-02-2022 sj