Kotla Jagan Mohan, v. The State Of Telangana.,

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.2255 of 2023 ORDER:

1.

Heard Sri A.Bhuvana Sunder Reddy, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the Respondent-State. 2.

Seeking pre-arrest bail, the present Criminal Petition is filed under Section 438 Cr.P.C. on behalf of the petitioner, who is arrayed as Accused No.5 in the First Information Report and Accused No.4 in the Remand Report, pertaining to Crime No.22 of 2023 of Kandukur Police Station.

3.

The matrix of the case as could be perceived through the contents of Part-I Case Diary is that the petitioner and other accused colluded with each other, created forged documents, got a succession certificate and thereafter, sold out the land to third parties.

4.

The submission of the learned counsel for the petitioner is that the petitioner is innocent and he was not involved in any such acts. Learned counsel for the petitioner also submits that Accused Nos.1, 2, 5 to 7 were

arrested and were enlarged on bail and the investigation is also completed and therefore, anticipatory bail may be granted.

5.

The submission of the learned Additional Public Prosecutor, on the other hand, is that the investigation is still pending and twelve witnesses were examined till now. 6.

A perusal of record reveals that grave allegations are directed against the prime accused. Also, as per the submission of the learned Additional Public Prosecutor, material part of investigation is completed.

7.

Therefore, this Court is of the view that the request of the petitioner can be honoured, however, conditionally. 8.

In the result, the Criminal Petition is allowed with the following conditions:

(i) The petitioner/Accused No.5 is directed to surrender before the concerned Court within ten

(10) days. On such surrender, he shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for like-sum each to the satisfaction of the Court concerned. The sureties

are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) The petitioner/Accused No.5 shall report before the Station House Officer, Kandukur Police Station on every Monday between 10.30 A.M.

and 12:00 P.M. till filing of final report.

(iii) The petitioner/Accused No.5 should not involve in any unlawful activity.

(iv) The petitioner/Accused No.5 should afford all assistance for the proper investigation of the case.

(v) The petitioner/Accused No.5 should not cause the evidence of the offence disappear.

(vi) The petitioner/Accused No.5 should not tamper with the evidence in any manner.

(vii) The petitioner/Accused No.5 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) In case the petitioner/Accused No.5 holds a passport, he shall surrender the same.

(ix) The petitioner/Accused No.5 should ensure his presence whenever required by the Court or Police.

(x) The petitioner/Accused No.5 shall not leave India without previous permission of the Court concerned.

(xi) The petitioner/Accused No.5 shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change of the aforementioned details, the petitioner shall intimate the court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the pre-arrest bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:10.03.2023 ysk

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No. 2255 of 2023 Date:10.03.2023 ysk