Smt. Baleboyina Kavitha v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5006 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused No.6 in Cr.No.28 of 2025 of CCS, Detective Department, Hyderabad, registered for the offences punishable under Sections 316(2) and 318(4) r/w. 61(2) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999.

2.

The case of the prosecution, in brief, is that the de-facto complainant and two others lodged a complaint with the police stating that A1 -M/s. Prakruthi Entrepreneur Private Limited represented by its Directors for defrauding the complainant and other victims on the pretext of providing good profits on their deposits made with them in promotion of their various household products and thereby collected about Rs.18 Crores from more than 200 victims and cheated them basing on the said complaint, the present case was registered for the aforesaid offences.

3.

Heard Mr. B.Venkat, learned counsel, representing M/s. Rohitha Priyanka Banala, learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned Assistant Public Prosecutor for the respondent-State.

4.

Learned counsel for petitioner submits that the petitioner has not committed any alleged offense and he was falsely implicated in the above said crime. He further submits that there was no allegation against the petitioner to attract the ingredients under Sections 316(2) and 318(4) r/w. 61(2) of BNS and Section 5 of TSPDFEA, however, police implicated the petitioner as accused in the present crime only on the ground that she is the wife of accused No.2. The petitioner is no way concerned with the said company and is not involved in any other offences.

5.

Per contra, learned Additional Public Prosecutor submits that the petitioner promoted the company namely M/s. Prakruthi Entrepreneur Private Limited. The petitioner and other accused have committed grave offence by collecting huge amounts from the innocent victims and the investigation is under progress. He

further submits that if the petitioner is granted anticipatory bail, there is every chance to influence the witnesses and to interfere with the investigation and hence, prayed to dismiss the petition. 6.

Learned counsel for the petitioner by way of reply, submitted that the petitioner is ready and willing to cooperate with the investigation and also, he will abide by the conditions, which are going to be imposed by this Court.

7.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there is no specific allegation against the petitioner in the complaint. Learned Additional Public Prosecutor has not placed any material before this Court that the petitioner is having role in the M/s. Prakruthi Entrepreneur Private Limited except stating that she is wife of accused No.2 and she promoted the company.

8.

Taking into consideration the facts and circumstances of the case, this Court is of the considered view that petitioner/accused No.6 is entitled for grant of anticipatory bail, subject to the following conditions:

1. The petitioner/accused No.6 shall surrender before the Station House Officer, CCS, Detective Department, Hyderabad on or before 23.04.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.6 on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, for the like sum each.

2. The petitioner/accused No.6 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of eight (8) weeks or till filing of charge sheet whichever is earlier for the purpose of investigation and thereafter, as and when required.

3. The petitioner/accused No.6 shall furnish information sought by the Investigating Officer during the course of investigation and she shall not interfere with the investigation and shall not influence the witnesses.

4. The petitioner/accused No.6 shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.

9.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_____________________________ JUSTICE J.SREENIVAS RAO Date: 17.04.2025 Lpd

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5006 of 2025 Date: 17.04.2025 Lpd