Porika Sampath Kumar v. State Of Telangana
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4573 of 2025 ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused No.4 in Crime.No.126 of 2025 on the file of the P.S. Subedari, Hanmakonda, registered for the offences punishable under Sections 318(4), 316(2) and 316(5) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Section 5 of Telangana State Protection of Depositors of Financial Establishment Act, 1999..
2.
The case of prosecution in brief is that on 05.03.2025, the defacto complainant lodged a complaint, in which he stated that he joined in the chit run by Mudrakshi Chit Funds Private Limited, Subhedari, Hanmakonda in the month of August, 2021 for chit of Rs.15,00,000/- and he was paying monthly installment of Rs.30,000/- regularly. In June 2024, i.e., in the 35th month he bid the chit, but the chit amount was not paid by the management of the company, Inspite of repeated requests made by him, the management of Chit Fund Company gave 3 cheques but the said cheques were returned unpaid
due to lack of funds on their presentation of bank. Therefore, he has approached the directors of Chit Fund Company, but they stated that there is no due to be paid to him by the company and also abused and threatened with dire consequences. On enquiry, he came to know that four members were involved in the management of the chit fund company and used to cheat public in the name of chit fund business. Basing on the same a case was registered in Crime No.126 of 2025. 3.
Heard Sri B.Chennaiah, learned counsel representing Mr.P.Prabhakar Reddy, learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.
4.
Learned counsel for petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in the above crime. He further submitted that the petitioner is neither the partner of the Chit Fund Company nor has received any amount from the subscribers of the said Chit Fund Company and the entire allegations are levelled against the other accused. He further submitted that the petitioner is working as Principal in the Government Junior College and he is not having other criminal antecedents. He further submitted
that if the petitioner is not granted anticipatory bail, he will lose his job, in the event of his arrest.
5.
Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the investigation is under progress and if the petitioner/accused No.4 is granted anticipatory bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition. 6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner is working as Principal in the Government Junior College. Even according to the learned Additional Public Prosecutor, the petitioner is not having other criminal antecedents and 9 witnesses were already examined. 7.
Taking into consideration of the above facts, this Court is of the considered view that petitioner/accused No.4 is entitled for grant of anticipatory bail, subject to the following conditions:
1. The petitioner/accused No.4 shall surrender before the Station House Officer of P.S. Subedari, Hanmakonda on or before 17.04.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.4 on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand
only) with two sureties, for the like sum each to his satisfaction.
2. On such release, the petitioner/accused No.4 shall appear before the concerned SHO at 11.00 A.M. on every Sunday, for a period of eight (8) weeks, commencing from 20.04.2025 or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
3. The petitioner/accused No.4 shall not interfere with the investigation and shall not influence the witnesses.
4. The petitioner/accused No.4 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case. 8.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE J.SREENIVAS RAO Date: 10.04.2025 vsl