Aerra Vinod Kumar v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.4739 of 2025 Order:

This Criminal Petition is filed by the petitioners/accused Nos.13 and 14 seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.1571 of 2024 of Vanasthalipuram Police Station, Rachakonda, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code, 1860 (IPC) and Section 5 of Telangana Protection of Depositors of Financial Establishment Act, 1999 (for short 'the TPDFE Act'). 2.

The brief facts of the case are that on 24.12.2024 at about 20:30 hours, the Station House Officer, Vanasthalipuram Police Station, Rachakonda, received a complaint from the complainant to the effect that the Managing Directors of Pudami Infra Projects established Janani Rep Projects Private Limited at Vanashalipuram and appointed Gundepuram Shekar as Marketing Director and directed him to induce customers

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to deposit Rs.1 lakh and they would deposit another Rs.1 lakh in 25 instalments in instalments of Rs.2 lakhs and plots will be registered under the guarantee of money deposited in the company and on deposit of 10 lakhs, a plot of 100 yards will be registered in their names. Believing those words, the complainant and others deposited huge amounts, but neither any plot was registered in their name nor the money was returned to them. Based on the said complaint, the aforesaid crime was registered against the accused.

3.

Heard Mr. R.Mangulal, learned counsel for the petitioners/accused Nos.13 and 14 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4.

Learned counsel for the petitioners/accused Nos.13 and 14 submits that the petitioners have not committed the offence and they have been falsely implicated as accused Nos.13 and 14 in the present crime and there are no specific allegations

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against the petitioners to attract the ingredients of Sections 420 and 406 IPC and Section 5 of TPDFE Act and the petitioners herein do not have any criminal antecedents.

5.

Learned counsel further submits that similar allegations were leveled against accused Nos.12 and 15 in the aforesaid crime and they have filed Crl.P.No.2176 of 2025 seeking anticipatory bail and this Court vide order dated 25.02.2025 had granted anticipatory bail to them.

Hence, the petitioners/accused Nos.13 and 14 be granted anticipatory bail on par with accused Nos.12 and 15.

6.

Per contra, learned Additional Public Prosecutor submits that accused Nos.5 to 15 in the aforesaid crime were employed as marketing staff and believing their words, the depositors deposited amounts to a tune of Rs.3 crores and cheated the pubic at large and as such, their custodial interrogation is necessary and requested the Court to dismiss this petition.

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7.

Having considered the rival submissions made by the parties and on perusal of the material available on record, it reveals that except omnibus allegations, there are no specific allegations against the petitioners herein and accused Nos.12 and 15 in the aforesaid crime have already been granted anticipatory bail vide Order dated 25.02.2025 in Crl.P.No.2176 of 2025.

8.

In view of the same, this Court is inclined to grant anticipatory bail in favour of the petitioners/accused Nos.13 and 14 subject to the following conditions:

(i) Petitioners/Accused Nos.13 and 14 are directed to surrender before the Station House Officer, Vanasthalipuram Police Station, Rachakonda, within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioners on pre-arrest bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties for a likesum each to his satisfaction.

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(iii) On such release, petitioners/accused Nos.13 and 14 shall appear before the Station House Officer, Vanasthalipuram Police Station, Rachakonda, 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.

(v) Petitioners/accused Nos.1 and 2 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.

9.

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

___________________ J.SREENIVAS RAO, J Date: 10.04.2025 LUR