Madikonda Sharavan Kumar , Sravan Kumar v. The State Of Telangana, Through S.H.O.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO| 4317 0F 2021 Between:
Madikonda Sharavan Kumar @ Sravan Kumar, s/o Meshak, aged about 34 years, occ. Business r/o H.No. 31111121A1913, Bheem Reddy Colony St.No. 6, Boduppal, R.R.District, now at Ramnagar, Karimnagar.
.....PETITIONER/ACCUSED AND The State of Telangana, through S.H.O., Karimnagar ll Town Police Station, Karimnagar District, rep. by its Public Prosecutor, High Court, Hyderabad. RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest ln connection C.C. No. 1617 ol 2015 on the file of the lll Additional Judicial Magistrate of First class (Special Mobile) Karimnagar, which arose out of FIR No.102 of 2015 of Karimnagar ll Town Police Station, Karimnagar.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Hari Prasad, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent The Court made the following: ORDER
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4317 of 2o2L ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure 1973, is filed by the petitioner/ accused seeking to grant anticipatory bail in the event of his arrest in connection with Crime No. 102 of 20 1 5 oI Karimnagar II Town Police Station, Karimnagar District, which was registered for the offence punishable under Section 42O of IPC.
2.
Heard learned counsel appearing for the petitioner/accused, learned Additional Public prosecutor appearing for the respondent-State and perused the record. 3.
The allegation against the petitioner/ accused as per FIR is that the petitioner/accused has collected an amount of Rs.40,500/- from the complainant-Keshaveni Sadaiah with an assurance that he will arrange loan for an amount of Rs.1 lakh from the Bank to him as he is physically handicapped person; but the petitioner/ accused has failed to arrange the said loan amount and dishonestly cheated the complainant. Hence, the FIR. 4.
Learned counsel for the petitioner would submit that the petitioner/ accused has not committed any offence. It is further submitted that the FIR was registered in the year 20 15 and the Police have already filed charge sheet in the year 2015. However, the petitioner/ accused was not aware of the case pending against him. As such, he could not surrender before the Court concerned. It is further submitted that there is no evidence against the
petitioner/ accused and the allegations levelled against the petitioner are vague. The petitioner/accused is ready to abide by any conditions that may be imposed in the event he is enlarged on bai1.
5.
Learned Assistant Public Prosecutor has vehemently opposed the bail applicatlon and submitted that the charge sheet and offence are pertaining to the year 2015 and charge sheet has already been submitted and CC.No.1677 ol 2015 is pending on the file of the III Additional Judicial Magistrate of First Class (Special Mobile Court), Karimnagar and NBW has also been issued against the petitioner/ accused which is pending for execution against the petitioner/ accused.
6.
So, looking into the nature of allegations and status of the case pending before the Court concerned, I am not inclined to release the petitioner/ accused on anticipatory bail and the prayer for anticipatory bail is rejected.
7.
Accordingly, the Criminal Petition is dismissed. However, the petitioner is. directed to surrender before the Court concerned within ten days from today and on such surrender and applying for regular bai1, his bail application shall be considered by the Court in accordance with 1aw.
SD/.B,SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The lll Additional Judicial Magistrate of First Class (Special Mobile) , #T5Lilt",t-3rtt53n,*r, Karimnagar ll rcwn police station, Karimnagar llrown, Karimnaoar District s 'b1ll'iciJ'sri r.i. Hari Prasad, Advocate toPygl .,
4. Two cc s to the Public P'1"t:t'J6''H"i;'t.'l 6ou't for the State of Telangana at Hyderabad [OUT]
5. Two CD CoPies
6. One Spare CoPY \'.\-- VM gbr
HIGH COURT DATED: 1710612021 i{l tl t \
ORDER
JoiJ 2 s. ll! ?I11 CRLP.No.4317 of 2021 \: .'/!, \ rl) t1- 'i Drr-,.
DISMISSING THE CRIMINAL PETITION @x6v\