David Anthony v. State Of Telengana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.3056 OF 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-1 and A-2, for grant of anticipatory bail in Crime No.133 of 2021 of P.S.

Kusalguda, Rachakonda, registered for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code.

Heard the learned counsel for the petitioners/A-1 and A-2, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

In the FIR, it is inter alia stated that the de facto complainant and some others met the petitioners/A-1 and A-2 on 01.06.2019 and paid Rs.27.40 lakhs as token amount to them under an agreement to buy agricultural dry land to an extent of Acs.6.23 gts in Survey No.874, near Check Post, Medchal District. Later the petitioners postponed the registration and avoided them and thereafter, the petitioners sold away the land to some other persons. Hence, the complaint.

Learned counsel for the petitioners/A-1 and A-2 would submit that the petitioners are innocent persons and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioners are law-abiding citizens and have nothing to do with the alleged offence. Further, they are ready to give sufficient sureties to the satisfaction of this Court to secure their presence on each and every date of hearing to face the trial and also ready to abide by the terms and conditions if any

that may be imposed by this Court for their release. Hence, he prayed to grant anticipatory bail to the petitioners/A-1 and A-2. Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-1 and A-2.

Having regard to the facts and circumstances of the case and gravity of the offence and also the involvement of the petitioners/A-1 and A-2 in commission of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-1 and A-2.

Accordingly, the Criminal Petition is dismissed. However, if the petitioners/A-1 and A-2 surrender before the competent Court within a period of four weeks from today and apply for regular bail, the same shall be considered by the said Court, in accordance with law.

Miscellaneous applications, if any, pending shall stand closed.

_________________ (G. SRI DEVI, J) 26th April 2021 RRB