Gopal Narkuti, v. The State Of Telangana
l-1ts8 | HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD TUESDAY, THE TWENTY SEVENTH DAY OF APzuL . TWOTHOUSANDANDTWENTYONE :PRESENT:
THE HON'BLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2899 OF 2020 Bctrv ccn:
I . Gopal Narkuti, S/o. Late Bixam,
2. Uppalaiah Narkuti, S/o. Late Bixam, i. Badramma Narkuti,, W/o. Late Bixam,
4. Ulli Venkanna, S/o. Ulli Gopaiah, ..,. Petitioners/Accuscd No.l to ,l ANI) L The State ofTelangana, rep., by its Public Prosecutor, High Court of Judicature at Ilyderabad.
2. Narkuti Ramdas, S/o.late Bixam, Aged about 64 years, Occ: ayurvedi Medicine. R./o.H.No. I l -23, Jangala Street, Thomr village & Mandal, Mahabubabad District. (R-2 is impleaded as per court order dated 22.07 .2020 in IA.No. 1 of 2020 in crl'P'No'2899 of 2020) /- ....Respondents Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners on Anticipatory Bai[ in Crime No.l7 of 2020 on the file of the Danthalapally Police Stalion. Danthalapally, Mahabubabad District in the event of their arrest. The petition coming on for hearing, upon perusing the Petition and the affidavit filed iii support thereof and upon hearing the arguments of SRI.SANJEEV GILLELA Advocate for the Petitioners and ADDL.PUBLIC PROSECUTOR (TG) for Respondent No.1 and Sri.Y.Bala Murali Advocate for Respondent No.2, the Court made the following. 0RDER
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.289I oF 2020 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is hled by the petitioners/A- 1 to A-4, for grant of anticipatory bail in Crime No. 17 of 2O20 of P.S. Danthalapally, Mahabubabad District, registered for the offences punishable under Sections 42O,406,506 and 120-B of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(Va) of the SC/ST (POA) Act. Heard the learned counsel for the petitioners/A-1 to A-4, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is infer alia stated that the de facto complainant lodged a complaint on 06.02.2020 at 18.30 hours stating that his father purchased land to an extent of Ac.1.16 gts in Survey No.591/2/A and Acs.2.13 gts in Survey No.
59212/AA and after the death of his father, the Said land was mutated in the name of his mother, A-3. A-3 transferred the same in favour of A-1 and A-1 illegally sold the same to A-4 and took Rs. 10.00 lakhs as advance with the help of A-2 and A-3. The de facto complainant, knowing the same, approached A-1 and A-4 sevEral times but they did not listen and later he approached the village elders and Sarpanch, but in vain. The petitioners threatened the complainant with dire consequences and cheated him. Hence, the complaint. Learned counsel for the petitioners/A-1 to A-4 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 -/ bp4:..
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- I to A-4.
Learned Additional Fublic Prosecutor representing the respondent-State opposed to grant anticipatory baii to the petitioners/A- 1 to A-4.
As seen from the contents of the FIR, it seems there are civil disputes pending between the parties.
Having regard to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners/A- 1 to A-4 on some conditions.
Accordingly, the Criminal Petition is allowed and the' petitioners/A-1 to A-4 are directed to surrender before the Station House Officer, P.S. Danthalapally, Mahabubabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A- 1 to A-4 on bail, on their executing personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to his satisfaction. On such release, the A- 1 to A-3 shall appear before the investigating authorities on every third Saturday and A-4 shall appear on each Saturday between 10.OO am and 5.00 pm commencing from July, 2021, till completion of investigation and filing of final report and A-1 to A-4 shall also
abide by the conditions stipulated in Section 438(2) Cr.p.C and co-operate with the investigating officer in investigating the case. Miscellaneous applications, if any, pending shali stand closed -Sori ss I(.AMMA]I IST:\N]'IlllclSTLAR //TRI]E COPYI/ SE N OFFICER To 1 . The Judicial First Class Magistrate at Thomrr. <-
2. The Station House Officer, Danthalapally Police Station, Mahabubabad District.
3. One CC to SRI. SANJEEV GILLELA Advocate [OPUC]
4. Two CCS to the PUBLIC PROSECUTOR (TG), High Coun at Hyderabad (OUf )
5. One spare copy
HIGH COURT GSD..I DATED: 27.04.2021 cRL.P.NO.2899 0F 2021 ,dNTICIPATORY BAIL \ ?i -;r'L \ 11.r4 / -:i t, \ o