R.Somanarsaiah v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTEENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 1560 of 2018 Between:
R.Somanarsaiah, S/o. Mallaiah Petitioner (Accused No.2 in Cr.No.21/2018 of Aswapuram P.S., Bhadradri Kothagudem Dist) AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad. Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed therein, the High Court may be pleased to grant Anticipatory Bail to the petitioner/A2 in Crime No. 21/2018 on the file of Aswapuram P.S., Bhadradri Kothagudem District, pending investigation and trial. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Md. Gayasuddin, Advocate for the Petitioner and of the Addl. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:
" This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.2, in Crime No.21 of 2018 on the file of the Station House Officer, Aswapuram Police Station, Bhadradri Kothagudem District. The offences alleged are under Sections 420 and 120-B of I.P.C. 2.
Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.
The case of the prosecution is that accused No.1 is running chit fund business; de-facto complainant is one of its subscribers. Later, accused No.1 transferred the chit transaction amounts to the account of the wife of this petitioner/accused No.2.
4.
There is absolutely no offence, that can be made out from the complaint, against this petitioner. It is only mentioned therein that this petitioner also cheated the de-facto complainant. But, as to how the petitioner cheated the defacto complainant is not stated in the complaint. 5.
Learned Additional Public Prosecutor also does not refute the said submission of the petitioner's counsel.
6.
Hence, considering the above, this Court opines that this is a fit case for grant of anticipatory bail to the petitioner/accused No.2. Accordingly, the Criminal Petition is allowed. The petitioner/accused No.2 is directed to surrender before the Station House Officer, Aswapuram Police Station, Bhadradri Kothagudem District, within 15 days from the date of this order. On such surrender, the petitioner/accused No.2 shall be released on bail on his 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/accused No.2 shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
1) The petitioner shall make himself available for interrogation by a police officer as and when required;
..2..
2) 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/her from disclosing such facts to the Court or to any police officer; and
3) 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."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The Judicial First Class Magistrate at Manuguru, Kothagudem District.
2. The SHO, Aswapuram Police Station, Bhadradri Kothagudem District.
3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
4. One CC to Sri Md. Gayasuddin, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 15-02-2018
ORDER
CRL.P.NO. 1560 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 16-02-2018 HIGH COURT TRJ DATED: 15-02-2018
ORDER
CRL.P.NO. 1560 OF 2018 ANTICIPATORY BAIL