Shiva Sharanappa v. The State Of Telangana

DATED :29.05.2019 Shiva Sharanappa S/o Balayya Madri, Aged about 36 years, occ:Business, R/o H.No.2-3-792/3/1/B, Golnaka, Amberpet, Hyderabad.

...

Petitioner And The State of Telangana, Rep.by its Public Prosecutor, High Court, Hyderabad.

... Respondent This court made the following :

ORDER :

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused No.1 for grant of anticipatory bail in the event of his arrest in Crime No.897 of 2018 of Meerpet Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 419, 420, 468 and 471 I.P.C.

2.

Heard the learned counsel for the petitioner/accused No.1 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.

3.

The allegation levelled against the petitioner/A.1 is that he impersonated and illegally sold the property belonging to the de facto complainant.

4.

The petitioner apprehends his arrest without following due process of law. Learned counsel for the petitioner/A.1 would submit that a direction may be given to the investigating agency to follow the Judgment of the Apex Court in Arnesh Kumar v. State of Bihar and another1 while investigating into the subject crime. 5.

In view of nature of allegations and on going investigation, the Station House Officer, Meerpet Police Station, Rachakonda Commissionerate, is directed to comply with the provisions of Section 41-A Cr.P.C as well as the guidelines laid down by the Hon'ble 1 2014 (2) ALT (Crl.) 457 SC

Supreme Court in the aforesaid Judgment while investigating into the subject crime.

6.

With the above observation, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

___________________ P.NAVEEN RAO, J MAY 29, 2019 YVL

Date:29.05.2019 YVL