Chaganti Vanisri v. The State Of Telangana
/ [ 31s8 ] IN rHE HrGH .orXTro.I#XffI3r= oF TELANGANA MONDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 3958 OF 2O2t Between:
1. Chaganti Vanisri, D/o Late Jampani Venkaiah
2. Kukkala Satya Sai Baba Rajendra Prasad, S/o. Siva Raju, Petitioners/Accused No.2 &3 AND The State of Telangana, through, P.S,KPHB Colony, Cyberabad, Rep. by Public Prosecutor, High Court for the State of Telangana Respondent/ Com plainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to direct the respondents police to release the petitioners on bail, in the event of his arrest in Cr.No.B7012020 of P.S.KPHB, The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI A BHUVAN SUNDER REDDY Advocate for the Petitioners and the Assistant PUBLIC PROSECUTOR for the Sole Respondent, the Court made the following.
ORDER:
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3958 of 2O2l ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ Accused Nos.2 and 3 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.870 of 2O2O ol K.P.H.B Colony Police Station, Cyberabad, which was registered for the offence punishable under Section 42O LP.C.
2.
Heard learned counsel appearing for the petitioners, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3.
Learned counsel for the petitioners would submit that the allegations in the complaint are false and fabricated for the purpose of this case; that the petitioners are nothing to do with the alleged offences; that the petitioners are living along with their family members and conducting their business and ultimately, prayed this Court to grant bail to the petitioners. 4.
As seen from the contents of the First Information Report, the allegation against these petitioners is that at the instance of these two petitioners, accused No.l, who is son of petitioner No. 1, cheated the de facto complainant, who transferred the amounts to the account of M/ s. Sai Services, Begumpet' Since the amounts are not transferred to the accounts of the petitioners ' herein by the de facto complainant, this Court is inclined to grant bail to the petitioners.
5. lLearned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners.
6.
Thus looking into the nature of allegations levelled against the petitioners/Accused Nos.2 and 3 and having regard to the other facts and circumstances of the case and also pandemic situation, without advertising into the merits of the case, I am inclined to grant anticipatory bail to the petitioners/Accused Nos.2 and 3.
7.
Accordingly, the Criminal Petition is allowed and the petitioners/ accused Nos.2 and 3 are granted anticipatory bail subject to the following terms and conditions: (1) The petitioners / accused Nos.2 and 3 are directed to surrender before the Station House Officer, K.P.H.B colony Police Station, Cyberabad, within a period of four (04) weeks from the date of this order and on such surrender, the said Station House Officer shall release them on bail on their executing a personal bond to the tune of Rs. 1,00,000/- (Rupees One lakh only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer.
(2) However, since part of the amounts are transferred to the account of accused No.1 at the instance of these two petitioners, the petitioners are directed to retransfer the amount i.e., Rs.34 lakhs (Rupees Thirty four lakhs only) to the account of the de facto complainant, her friends and relatives within a period of three (3) months from today, failing which liberty granted to the petitioners shall stand cancelled automaticallv.
(3) Further, the petitioners/ accused Nos.2 and 3 shall appear before the Investigating Officer on 3,d Saturday of every hsnttr commencing from July, 2O2 l,
t between 10:00 AM and 5:00 PM till completion of investigation and hling of Final Report.
(a) The petitioners / accused Nos.2 and 3 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in investigating the case.
I t SD/- K ONESIM r I I Assi6taAt\l- - / lTRUE COPY/ / S;E OFFICER \ To, 1.
The XV Additional Metropolitan Session Judge, Ranga Reddy District at Kukatpally.
The Station House Officer, P.S.KPHB Colony, Cyberabad, ' One CC to SRI. A BHUVAN SUNDER REDDY Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. IOUT],' One Spare Copy 2.
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5.
HIGH COURT GSDJ DATEO|O7 /06/2O2L 0 ? ,tult z02t (en\Vstrn"o) 4r,2 E\ .4, K*i,'
r_q oo 4'
ORDER
CRLP.No.3958 of 2O21 BAIL