Mokide Prasad v. The State Of Telangana
T o I tr_ HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD rG a WEDNESDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND NINETEEN :PRESENT:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO CRIMINAL PETITION NO: 2754 OF 2019 Between:
1. Mokide Prasad, S/o. Kistaiah, (A-1 1).
2. Velpula Nagesh, S/o. Raj aiah, (A-12) Petitioners/Accused No. 11 & l2 AND The State of Telangana, Through PS, Echoda, Adilabad District, Rep. by its Public Prosecutor, High Court of Judicature of Telangana at Hyderabad. Respondent/Complainant Petition under Section 438 of 0r.P.C, praying that in the circumstances stated in the petition and the grounds filedprerein, the High Court may be pleased to direct the SHO, PS, Echoda, Adilabad District or any other arresting officer to enlarge the Petitioners/Accused No. 11 and 12 on bail in the event of their arrest in connection with Crime No. 84 of 2019 of the Police, PS, Echodq Adilabad District on such terms and conditions as this Hon'ble Court may deem fit and proper in the interest of Justice; Counsel for the Petitioners SRI S.SURENDER REDDY Counsel for the Respondent PUBLIC PROSECUTOR The Court made the follorving;
% , HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:
The de facto complainant lodged a complaint ,rlleging that huge amount was collected from him assuring that he would be provided employment in Postal Department and even though amount was paid, no job is provided and he is made to run from pillar to post, and a fraud is committed by giving false assurance to provide employment. Based on the said complaint, F.I.R.No.84 of 2019 was registered on 04.5.2019 on the file of Echoda Police Station, Adilabad District, under Section 420 LP.C. Initially the aforesaid crime registered against four was accused. During the course of investiga tion, the Police noticed that there are several other persons who acted as agents to the main accused in collecting the money. The petitioners herein are also shown as accused Nos.11 and 12. Insofar as the petitioners are concerned, the allegation is that they acted as agents to collect money on behalf of the main accused.
Learned counsel for the petitioners submit.s that the petitioners are no way concerned and a false allegation is levelled against them and at any rate, in the complaint filed by de facto complainant, there was no mention of involvement of the petitioners and thus, the petitioners could not have been implicated in the crime. Learned counsel further submits that on the grc,und that the petitioners are now shown as accused Nos.11 and 12, the Police are
trying to arrest them and in such an event, grave prejudice would be caused to them.
Learned Assistant Public Prosecutor submits that the investigation is not yet completed and as per the investigation conducted so far, it appears that the petitioners have acted as agents to the main accused to collect money to cheat gullible public on the assurance of providing public employment and the same is a grave offence.
Learned counsel for the petitioners would inform the Court that accused Nos,1 to 5 in the said crime were arrested. As can be seen from the complaint lodged by the de facto complainant, the same does not mention the involvement of the petitioners. It appears that a larger conspiracy took place and the investigation into the said case by the Police is not yet completed. Having regard to the facts of the case, this Court is of the opinion that the petitioners are entitled to the prayer sought for in this Criminal Petition, however with certain conditions. Accordingly, the Criminal Petition is disposed of with the following directions:
(1) As and when the petitioners/accused Nos.11 and 12 in Crime No.84 of 2019 on the file of Echoda Police Station, Adilabad District, are arrested, the concerned Station House Officer shall enlarge them on bail subject to each of them furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with sureties for a like
tu's J sum each to the satisfaction of the Station House Officer, Echoda Police Station, Adilabad District. The petitioners shall cooperate with the ()\ investigation and shall attend the Police Station as when required.
and 'ls : ' -_-"
ESIil I] sd/- ,{SSISTANT \\l ( t //TRUE COPY// To.
For ASSIST REGISTRAR
1. The Judicial First Class Magistrate, Boath, Adilabad District.
2. The Station House Officer, PS Echoda, Adilabad District.
3. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)
4. one CC to Sri S.Surender Reddy, Advocate (OPUC)
5. one Spare copy \
}R HIGH COURT PNR,.I DATE: 29-05-2019
ORDER
CRL.P. NO. 2754 0F 2019 ,$ $t \\ + DIRECTION