E. Jayamma v. The State Of Telangana
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 1796 of 2022 O R D E R:
This Criminal Petition under Section 438 Cr.P.C. is filed by the petitioners seeking anticipatory bail on mere apprehension that they would arrest in connection with Crime No.124 of 2019 on the file of Shanthi Nagar Police Station, Jogulamba Gadwal District, registered for the offences punishable under Sections 409, 420, 467 and 468 IPC.
2.
Prosecution case is that on the complaint lodged by Mr. K. Venkataramana, Tahsildar, Waddepally Mandal, against T. Venkateshwarlu, who was working as Computer Operator, on outsourcing basis in their office, alleging that he has illegally incorporated the entries in the month of March, 2018 in respect of lands in Survey No.168/1 to an extent of Ac.7-15 guntas, situated within the limits of Koildinne Village, which were in the name of Mr. M. Thikkaiah, by mentioning the names of Smt E. Jayamma and Smt. E. Saroja, petitioners herein, with equal extents i.e., Ac.3-27 gts and Ac.3-28 gts respectively, without passing any mutation orders and misused his functions.
3. The learned counsel for petitioners Mr. K. Laxmaiah,
submits that in anticipation that the petitioners may be arrayed as accused basing on a letter addressed by the Tahsildar, Waddepally Mandal, to the Station House Officer dated 21-10-2019, stating that A1 has illegally incorporated the entries in the month of March, 2018 by mentioning the names of petitioners without passing any mutation orders, they filed the present application. Learned counsel submits that already T. Venkateshwarlu, who is a prime accused, was granted pre-arrest bail by this Court by order dated 09.11.2021 in Crl.P.No.5552 of 2021. He submits that there is apprehension that the petitioners may be arrested as their names were alleged to have been mentioned in the complaint. He submits that the petitioners are ready to cooperate with the investigation and as already A1 was enlarged on pre-arrest bail, their case may also be considered for grant of pre-arrest bail.
4. The learned Assistant Public Prosecutor, on the other hand, submits that the investigation is still pending and so far, two witnesses were examined and hence, prayed for dismissal of petition.
5.
Taking into consideration the fact that already Accused No.1 was granted bail by this Court by order dated 9-11-2021, this Court deems it appropriate to grant pre-arrest bail to the
petitioners.
6.
The Criminal Petition is allowed. Petitioners - Accused shall surrender before the Station House Officer, Shanthi Nagar Police Station, Jogulamba Gadwal District, in connection with Crime No.124 of 2019 within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer, they shall be released on bail. It is made clear that no further extension of time will be granted. _______________________________ LALITHA KANNEGANTI, J 4th March 2022 gvl/sj