Manthena Narsaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO. 4674 OF 2025 ORDER:

This Criminal Petition is filed by the petitioner/accused No.7, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.46 of 2025 on the file of Karimnagar-I town Police Station, Karimnagar District, registered for the offences punishable under Sections 120-b, 420, 468, 471, 467, 447 r/w 34 of IPC. 2.

Heard Mr. G. Bhasker Reddy, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent.

3.

The case of the prosecution is that the de facto complainant inherited Ac.6.20 gts of land in Sy.No.954, Kattarampur village, Karimnagar from his late mother, who purchased the same in 1980, but the actual land being Ac.6.18 gts only. Whereas, accused No.1 acquired an extent of land admeasuring Ac.2.10 gts through judgment and decree in O.S.No.40 of 1980, but actual physical possession being Ac.2.06 gts. only. Out of the said land, he sold an extent of Ac.1.11 gts.

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to other accused though he has only Ac.0.11 gts. The other accused persons created forged sale deeds claiming the land of the de facto complainant. Basing upon the said allegations, Crime No.46 of 2025 is registered for the offences under Sections 120-b, 420, 468, 471, 467, 447 r/w 34 of IPC. 4.

Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in the present crime. The entire allegations leveled against the petitioner are purely civil in nature. The de facto complainant filed the present complaint against the petitioner with an intention to settle the civil disputes which are pending before the competent Civil Court. The ingredients of Sections 120-b, 420, 468, 471, 467, 447 r/w 34 of IPC are not at all applicable to the facts and circumstances of the case. He further submits that the entire investigation is completed and the petitioner is ready and willing to cooperate with the investigation and also the conditions which are going to be imposed by this Court. Hence, prayed this Court for grant of Anticipatory Bail. 5.

Per contra, learned Additional Public Prosecutor submits that investigation is under progress and if the petitioner is

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granted anticipatory bail at this stage, there is every chance of influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss this criminal petition. 6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that civil disputes are pending between the parties before the competent Civil Court, wherein, the de facto complainant was made as a party-defendant and the said civil suit is pending.

7.

Taking into consideration all the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (i) The petitioner/A7 is directed to surrender before the Station House Officer, Karimnagar-I Town Police Station, Karimnagar District on or before 16.04.2025;

(ii) On such surrender, the Station House Officer of Karimnagar-I Town Police Station, shall release the petitioner/A7 on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the said Officer;

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(iii) On such release, petitioner/A7 shall appear before the Station House Officer, Karimnagar-I Town Police Station, on every Monday at 11:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required by the police for investigation.

(iv) The petitioner/A7 shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/Section 482 of BNSS and shall cooperate with the investigation officer for conclusion of investigation.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

______________________ J.SREENIVAS RAO, J Date: 09.04.2025 ES