Kesari Subba Lakshmi v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3177 of 2025 ORDER:

This criminal petition is filed by the petitioner/A2 under Sections 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS) seeking anticipatory bail in Crime No.89 of 2025 on the file of Borabanda Police Station, Hyderabad District, for the offence punishable under Sections 417, 420, 467, 471 read with 120-B IPC.

2.

The case of the prosecution is that one Sampangi Durgaiah filed a complaint stating that a person by name Kesari Subba Raju, who is having influence in politics, joined with one N.S.B. Subba Raju and created fraudulent deed and that the said Subba Raju by using his name and signature sold 60 square yards of land near the quarry site in N.S.B. Nagar for a sum of Rs.9,40,000/- to his sister-in-law Kesari Subba Lakshmi on 22.07.2013. The complainant after getting the information through RTA from the Mandal Revenue Officer, placed the same before the elders of the area to settle the issue. However, the complainant took time to prove the same due to which delay

occurred in filing the complaint. Therefore, the complainant filed the present complaint.

3.

Heard Sri Neelam Bhargava Ram, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4.

Learned counsel for the petitioner submits that the petitioner has not committed the offence as alleged by the complainant and she is falsely implicated in the present crime and that the entire allegations were levelled against Accused No.1 only, who created and executed the document in the year 2013, and there are no allegations against the petitioner. However, the complainant filed the present complaint on 31.01.2025 in respect of the transaction which was taken place in the year 2013. Learned counsel further submits that Accused No.1 was arrested and he was released on bail. The entire investigation is completed except filing of charge sheet. The petitioner is a house wife and she is ready and willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor submits that the investigation is not yet completed and that if the petitioner is enlarged on bail, there is every chance of influencing the witnesses and interfering with the investigation. 6.

Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the de-facto complainant laid a complaint on 31.01.2025 alleging that Accused No.1 has executed the document in respect of his property on 22.07.2013. The record further reveals that Accused No.1 was already released on bail and the petitioner is a woman and house wife. 7.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail on the following conditions:

(1) The petitioner/A2 is directed to surrender before the Station House Officer, Boranbanda Police Station, Hyderabad, on or before 15.03.2025.

(2) On such surrender, the Station House Officer shall release the petitioner on bail on her executing a personal bond for a sum of Rs.15,000/- (Rupees Fifteen Thousands

only) with two sureties for a like sum each to the satisfaction of the said officer.

(3) On such release, the petitioner/A2 shall appear before the Station House Officer, Borabanda Police Station on every Monday at 11:00 a.m., for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter as and when required for investigation.

(3) The petitioner shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/Section 482 of BNSS and shall cooperate with the investigation officer for conclusion of investigation. 8.

Subject to the above directions, the criminal petition is allowed. No costs.

Pending miscellaneous applications, if any, shall stand closed.

_________________________________ JUSTICE J.SREENIVAS RAO, J Date: 11.03.2025 ES