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High Court for State of TelanganaCRLP/2545/2025allowed no costs

Kottu Manoj v. The State Of Telangana

2025-02-27K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2545 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.5 in Crime No.40 of 2024 of Khanapur Police Station, Nirmal District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 07.03.2024, de facto complainant filed a complaint stating that he and Md. Nazar were lured by Ghanta Anil and Ghanta Sunil of Abroad Study Plan, Kukatpally, Hyderabad, with a promise of foreign jobs in Malta in 2022. They paid Rs.1 lakh each as advance, and later, another Rs.1 lakh each, followed by installments totaling Rs.7 lakhs each. However, the accused sent them to Latvia instead, where they spent 12 days without work. Upon returning to India, they demanded a refund, but the accused responded negatively and threatened them.

3.

Heard Sri Y. Soma Srinath Reddy, learned counsel representing M. Keshav Reddy, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon,

learned Additional Public Prosecutor appearing on behalf of the respondent.

4.

Learned counsel for the petitioner submitted that the case of the prosecution is baseless and that there is no evidence against him. He was arrested on 29.01.2025, and has since been remanded to judicial custody. He further submitted that the complaint lacks ingredients of criminality and the de facto complainant has not made specific allegations against the petitioner's involvement. They claim to be law-abiding citizens falsely implicated in the case. The petitioner assures the court that they will abide by all terms and conditions, furnish sureties, and cooperate with the investigation. He further submitted that the continued detention of the petitioner is unnecessary, as the investigation is complete except for the filing of the charge sheet. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor submitted that the investigation is not yet completed, as such, granting of bail at this stage, does not arise and prayed the Court to dismiss the criminal petition.

6.

After considering the submissions made by both the learned counsel and reviewing the material available record, it is to be noted that the Investigating Officer has examined 15 witnesses, all of whom are victims, and none have mentioned the name of the petitioner in connection with the alleged offence. As the petitioner is in jail from 29.01.2025, and a significant part of the investigation is completed, this Court deems it fit to grant bail to the petitioner with the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned VI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of

investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 27.02.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2545 of 2025 Date: 27.02.2025 SAI