Gollapudi Rajitha v. The State Of Telangana
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.9994 of 2016 ORDER :
The petitioners, who are accused Nos.1 and 2, filed the present application under Section 438 Cr.P.C. seeking release in the event of their arrest in connection with Crime No.78 of 2016 of Kotagir Police Station, Nizamabad District, registered for the offences punishable under Sections 420 and 406 IPC.
The case of the prosecution is as under:
On 05.06.2016 at about 1.00 p.m. the informant by name Duvva Ravi Kumar, lodged a written report stating that since 2010 he has been working as coordinator in Micro Insurance Policy, his agents were collecting the policy amounts from their respective villages and used to give the same to the informant, who inturn used to hand over the money to the accused, who are wife and husband. It is said that the accused failed to deposit an amount of Rs.26,15,400/- in Micro Insurance Divisional Office, Hyderabad and as such cheated the informant, agents and also policy holders. It is also alleged that as accused changed their place of residence, the informant and others were not able to contact them. Basing on these allegations the above report came to be lodged.
Heard learned counsel for the petitioners and Public Prosecutor appearing for the respondent-State. Learned counsel for the petitioners mainly submits that the allegations made in the report are all false and invented for the purpose of this case. It is his case that the amounts so collected are deposited in the accounts of Micro Insurance Divisional Office, Hyderabad and there are receipts to that effect.
Learned Public Prosecutor strongly opposed the application contending that the receipts so placed do not relate to the crime concerned and as such the petitioners are not entitled for any relief muchless the relief sought for.
A perusal of the statements of witnesses recorded by the police during the course of investigation show that the accused, who are wife and husband, collected huge amounts from different regions of Nizamabad and thereafter fled away from Nizamabad District. The statement showing list of policies held under Jeevana Jyothi NGO is placed before the Court. A comparison of the numbers mentioned therein do not tally in all aspects. It is said that both the accused started Jeevan Jyothi Rural Development Organization in the name and style of Jeevan Madhur and Jeevan Mangal of LIC Micro Insurance Policy, recruited village wise agents, Mandal wise coordinators and collected huge amount from the innocent villagers and the amounts so collected was not deposited in the account of the policy holders.
At the time when the matter is taken up for hearing, learned counsel for the petitioners stated that there are receipts to prove the payment and accordingly he passed across the bar a bunch of receipts. The Court directed the petitioners' counsel to hand over some of the receipts to the Public Prosecutor for verification as to whether they relate to the present case. Pursuant there to, learned counsel for the petitioner handed over some of the receipts to the Public Prosecutor, who got the same verified through the concerned Station House Officer. On 28.07.2016 the investigating officer sent written instructions to the Public Prosecutor stating that the receipts which are furnished are no way concerned to this case. He enclosed Xerox copies of the list of policies held by the victims with their numbers. Having regard to the nature of allegations made and since
huge amount of money is alleged to have been collected by the petitioner and cheated the public in general, I am not inclined to consider the request of the petitioners.
Accordingly, the Criminal Petition is dismissed. However, the first petitioner, who is lady, if desires, shall surrender before the Court concerned and make an application for regular bail, in which event, the same shall be considered in accordance with law at the earliest.
_________________________ JUSTICE C. PRAVEEN KUMAR 02.08.2016 gkv