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High Court for State of TelanganaCRLP/2792/2022allowed no costs

Smt. Sree Lakshmi Upadrashta v. The State Of Telangana

2022-04-04K.Surender4 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2792 OF 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/Accused No.3 on bail in connection with Crime No.50 of 2021 on the file of Station House Officer, P.S. Central Crime Station, Hyderabad registered for the offences punishable under Sections 420, 403, 406, 465 and 468 of Indian Penal Code (IPC).

2.

Heard Sri P.Subash, learned counsel for the petitioner/Accused No.3, the learned Assistant Public Prosecutor for the respondentState and perused the record. 3.

Petitioner is arrayed as Accused No.3 in the aforementioned Crime.

4.

The case of the prosecution is that on 15.03.2021, a complaint was received from Smt.Varanasi Varalakshmi and Sri Kesari Ramesam stating that they used to make recurring, term and fixed deposits in Post Office at Kacheguda and having learnt about the

same, Accused No.2 approached them by introducing himself as agent of Post Office and regularly visited their house with Accused No.3 - wife and Accused No.4 - son and introduced them also as Licensed Agents of Kacheguda Post Office. It is further alleged that believing the promises and assurances of Accused Nos.2, 3 and 4, huge amounts were invested by the complainants and various other persons. Subsequently, when complainants were in need of money and decided to close MIS/Time Deposit Accounts that were getting matured, Accused No.2 took original pass books and cheques from them for getting the cheques issued from the Post Office. It is also alleged that on presenting the cheques, they were returned with an endorsement as "Insufficient Funds".

When complainants approached the Post Office to verify the deposits, they came to know that all the investments made by them were not credited to their accounts and the entries in the passbook shown by the Accused are fabricated as the Post Office records are not reflecting the investments. Further, Accused issued own cheques as if they were issued by Post Master, Kacheguda and thus, cheated the complainants and others. Initially, FIR No.90 of 2021 was registered on the file of Kacheguda Police Station and later, it was transferred to Police Station Central Crime Station vide Crime No.50 of 2021.

5.

Learned counsel for the petitioner/Accused No.3 submits that the petitioner is a house wife and she falsely implicated in this case. The petitioner/Accused No.3 is in jail since 02.03.2022 and the police have also taken her into police custody. Learned counsel further submits that, Accused No.2 was released on regular bail vide Criminal Petition No.1522 of 2022 dated 28.02.2022. 6.

Even according to the learned Assistant Public Prosecutor the investigation is almost completed but for the apprehension of Accused No.1 who is still absconding.

7.

In the said circumstances, there being no necessity for the petitioner/Accused No.3 to be detained further which would not aid investigation in any manner, this court is inclined to release the petitioner/Accused No.3 on bail.

8.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.3 is granted bail subject to the following conditions:

i) The petitioner/Accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for a like sum each to the satisfaction of XII Additional Chief

Metropolitan Magistrate (Incharge XVII Additional Chief Metropolitan Magistrate at Hyderabad FAC XII Additional Chief Metropolitan Magistrate at Hyderabad) ii) The petitioner/Accused No.3 shall appear before the investigating authorities on every 2nd and 4th Saturday between 08.00 AM and 11.00 AM for a period of three (03) months or till filing of the charge sheet, whichever is earlier and as and when required for the purpose of investigation.

9.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

______________ K.SURENDER,J Date :04.04.2022 ns