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High Court for State of TelanganaCRLP/1855/2018allowed no costs

Yellala Venkateswarlu Reddy, v. The State Of A.P.,

2018-02-23T. Rajani4 pages

i{IGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY THIRD DAY OF FEBRURY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HONOURABLE SMT JUSTICE T..RAJANI CRLP.No. 1855of 2018 Between:- Yellala Venkateswarlu Reddy, S/o. Venkata Reddy, (GPA Holdbr of Pendyala Chandra Sekhar Naidu).

Petitioner/Accused AND The Stat of A.P., rep. by its Public Frosecutor, High Court of A.P., Hyderabad.

(Through SHO, V Town Police Station, Nellore District) ....RespondenVComplainant Petition filed under Sections 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.1 on bail in Crime No. 73 oI 2015 on the file of lV Town Police Station, Nellore, in the interest of justice. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing lhe arguments of Sri P. Ravi Kiran, Advocale for the Petitioner and of Public Prosecuto(AP)on behalf of RespondentState, the Court made the following ORDER :- I

SMT JUSTICE T. RAJANI CRIMINAL PETITION No,1855 of 2O1A ORDER:

, This petition . is filed, under Section 438 of the Criminal Procedure Code, seeking grant of anticipatory bail to the petitioner, who is A1, in Cr,No.73 of 2015 on the file of the Station House Officer, IV Town Police Station, Nellore District. The offences alleged are under Sections 42O, 506 read with Section 34 of the Indian Penal Code. 2.

Heard the counsel for the petitioner and the learned Public Prosecutor appearing for the respondent.

3.

The case was registered based on a private complaint filed by t-'

the defacto complainan9 wherein the allegation is that the petitioner sold 80 guntas of land to the defacto complainant in the year 2015 and when he approached for rectification of boundaries; that was not done. Now the complainant apprehends that the land may be sold to some others.

4.

The counsel for the petitioner relies on the statement of Encumbrance on property, which shows t at 80 guntas was shown to h be ln possession ofthe defacto complainant.

Hence, considering the above and considering that it is purely a civil dispute, the criminal petition is allowed. The petitioner is directed to surrender before the Station House Officer, IV Town Police Station, Nellore District within 15 days from the date of this order. On such surrender, the petitioner shall be reteased 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 ,1v"-

said Stat: r:-. House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Criminal Procedure Code, as under:

1. The petitioner shall make himself available for interrogation by a police officer as and when required.

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 from disclosing such facts to the Court or to any police officer;

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.

SD/. t. NAGA LAI(SH ASSISTANT RIiGI R //TRUE COPY'

for ASSISTANT REGISTRAR To'iinAv Additional District & Sessions Judge' Nellore'. S P'S R Nellore District ;.il&'d;lii;;;iJrJ"irr r"r"giJ;" "i iiist"ciass' Nellore' s P S'R Nerrore District' ;.iiieStil iouse officer, lV Town Police Station' Nellore' - S.P.S.n. Nellore District'

+.i*otCt to tne Public Prosecuto(AP)' High Court at Hyd'(OUT) S.O"" CC t" Sri P. Ravi Kiran, Advocate(OPUC) 6.One sPare coPY.

TKK

HIGI.I COURT TR.J DT.23-02-20I tt.

A\TIC'II''I'ORY llA I t. oItI)I.tR CItL.l'.No. I tl55 of 2018 spa .a (O \ I RELE,\SI,] TI]E PETITIONER ON. I},\IL IN TTIE EVET GF HIS ARI{EST t\l CA J