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High Court for State of TelanganaCRLP/2648/2025allowed no costs

Gannoju Rajashekar v. The State Of Telangana

2025-03-04K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2648 of 2025 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioner/accused No.9 in Crime No.518 of 2024 of Kollur Police Station, Sangareddy District. 2.

The brief facts of the case are that the accused persons created the fabricated documents i.e., proceedings bearing No. No.Rev/E1/22A/2021-29658 dated 05.10.2024 in respect of the schedule land by forging the signatures of the District Collector, Sangareddy. Hence, the case was registered vide Crime No.518 of 2024 of Kollur Police Station, Cyberabad, for the offences punishable under Sections 318(4), 338, 336(3) and 340(2) of BNS.

3.

Heard Sri K.Lakshmi Manohar, 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 firstly submitted that the petitioner is innocent and he is no way concerned with the

alleged offences. He secondly submitted there is no role of the petitioner in forging the signature of the District Collector. He thirdly submitted that though the petitioner name is not mentioned in FIR originally and subsequently added his name without there being any substantive evidence. He fourthly submitted that there are no specific allegations against the petitioner.

He fifthly submitted that previously, bail application of the petitioner vide Crl.M.P.No.688 of 2024, was dismissed by the learned IV Additional Sessions Judge, Sangareddy, on 06.01.2025, without valid reasons. He lastly submitted that the petitioner is resident of Ranga Reddy District, with movable and immovable properties, and is willing to furnish sureties as directed and prayed the Court to grant of anticipatory bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature and investigation is not yet completed and therefore, granting anticipatory bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and material available on record, it apparent that except omnibus allegations, there are no specific allegations against the petitioner. Further, the averments of the petition disclose that other accused forged the signature of the District Collector to sell the land of the freedom fighter for the purpose of NOC. It is pertinent to note that material part of investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of P.S.Kollur, Sangareddy District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 5:00 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 04.03.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2648 of 2025 Date: 04.03.2025 gms