Jeeripothula Sunitha v. The State Of Telangana
THE HONOURABLE Dr.JUSTICE G.RADHA RANI CRIMINAL PETITION No.3971 OF 2024 ORDER:
This Criminal Petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking anticipatory bail to the petitioner in Crime No.04 of 2024 on the file of INSP ADMIN (DD) Police Station, Hyderabad, registered for the offence under Sections 406, 420 read with 34 of Indian Penal Code (for short 'IPC') and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short 'TSPDFE Act').
2.
The case of the prosecution in brief was that on 03.01.2024 at 20:30 hours, the de-facto complainant lodged a report stating that the complainant along with his wife had invested amounts in a middle class dream home project launched by A1. They collected substantial amounts from the customers/depositors under the guise of pre-launch real estate, promising to issue property in their project and subsequently cheated the victims to a tune of Rs.2,29,72,000/-. As on today, including the de-facto complainant, 10 victims were cited. She was apprehending her arrest and prayed to enlarge the petitioner on anticipatory bail.
3.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent - State. 4.
Learned counsel for the petitioners submitted that the petitioner was no way concerned in the present crime. The petitioner's husband-A4 was having vast experience in real estate marketing. The accused Nos.2 and 3 appointed the petitioner No.1 as marketing person in the A1's Company in the year 2020 to sell the projects of the A1's Company in and around Hyderabad City. Wherein, the A1's Company also executed an undertaking letter dated 18.07.2020 for any liabilities arising thereof. The petitioner No.2 was no way concerned with the present crime. He was also not an employee, Director nor involved in day to day affairs of the A1's Company at any point of time. The petitioner is the wife of A4, the respondent, deliberately included the name of the petitioner in the present crime and only to harass the petitioner and her family members. 5.
He further submitted that the petitioner was absolute owner of land in Sy.No.685 Part of Shamirpet Village and Mandal, MedchalMalkajgiri District. The accused Nos.2 and 3 hatched a Conspiracy and convinced the petitioners to sell the above land in favor of the several individuals and they in turn executed DAGPA No.3797 of 2022, in favor of A1's Company represented by A2 with certain terms and conditions. In
fact, the A1, represented by A2 and A3 never paid sale consideration to the petitioners and dodged the matter on one or the other reason. The A2 and A3 appointed the A4 as director on 17.02.2023 but after realizing the behavior of the A2 and A3 and vexed with their attitude the A4 was resigned from his director post on 14.08.2023. In fact, the petitioner along with A4 and A5 got cheated by the A2 and A3. The petitioner was no way concerned with the affairs of the Company and never received alleged amount as alleged in the complaint.
6.
He further submitted that some third party has filed a Civil Suit vide O.S.No.198 of 2022 on the file of learned II Additional District Judge, Medchal-Malkajgiri District at Medchal for the relief of Partition and other reliefs against the A1's Company. Thereafter, the HMDA vide notice dated 20.10.2023 instructed the A1's Company to stop the construction activities over the subject property, due to the pendency of O.S.No.198 of 2022. The accused with no other go, halted the construction activities, but never intended to cheat the de-facto complainant or others. In view of the letter issued by the HMDA, the accused and these petitioners were forced to stop the construction work and prayed to enlarge the petitioner on anticipatory bail.
Learned Additional Public Prosecutor opposed grant of bail to the petitioner stating that the petitioner along with the other accused persons colluded with each other with common intention to cheat the needy customers by making false promises to complete the projects within the stipulated time and executed several agreements of sales and collected huge deposits from them. Even after the letter received from the HMDA, they collected amounts from several innocent people and deceived them to purchase the flats in their projects and collected huge amounts from them but they neither handed over the flats nor returned their amounts. He further contended that the petitioner along with other accused with a common intention deceived various needy customers about 400 and under the guise of selling the flats in their project and collected huge deposits from them and caused wrongful loss to a tune of 80 Crores and prayed to dismiss the bail application of the petitioner. 8.
Perused the record. Considering that a civil case vide O.S.No.198 of 2022 was filed by a third party, which was not foreseen by the petitioner and also a letter was received from the Planning Authority of HMDA to stop the construction and as the petitioner was made to stop the work due to the circumstances beyond their control, it is considered fit to enlarge the petitioner on anticipatory bail on certain conditions.
9.
Accordingly, the Criminal Petition is allowed and the petitioner shall be released on anticipatory bail subject to the following conditions:
1) The petitioners are directed to surrender before the Station House Officer, Central Crime Station Police Station, Hyderabad within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner on bail, on her executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer.
2) The petitioner shall abide by the conditions stipulated under Section 438(2) of Cr.P.C.
Miscellaneous applications, pending if any, shall stand closed. _____________________ Dr. G.RADHA RANI, J Dated: April 19, 2024 dsv
THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.3971 OF 2024 Dated:19.04.2024 dsv