Boyapally Rajasekhar Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5302 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 in Crime No.151 of 2025 on the file of Shameerpet Police Station, Cyberabad registered for the offences punishable under Sections 420, 467, 468, 471 r/w 34 IPC.

2.

The case of the prosecution is that on 20.02.2025, they received written complaint from one Mr. Geesa Naresh, the Senior Executive-Investigation and Loss Mitigation in Bajaj, stating that on 14.04.2023, they received a notice in M.V.O.P.No.487 of 2023 from the City Civil Court, Hyderabad that a MACT was registered against their Insurance Company in respect of vehicle bearing No.TS-07-UE-8563 and on the detailed scrutiny and internal investigation, it is revealed that no such insurance policy was issued in respect of the said vehicle vide policy No.OG-23-1803-1812-00000170 covering from 29-06-2022 to 28-06-2023 to M/s NEO Logistics on whose name the vehicle stands. And it is their case that unknown offenders are forged

and fabricated a policy under their name and have unlawfully used company name and seal. As such, they declare the policy referred above is forged and fabricated the policy with Sl.No.OG23-1803-1812-00000170 and a policy with the said number was issued to another vehicle No.AP 28 TE 5851 for a period from 08.06.2022 to 07.06.2023. As such, the Bajaj Allianz Ltd. upon the investigation of refereed crime requested the police to take action against the culprits for deceitful action in accordance with law. Basing on the said complaint, a case is registered vide F.I.R.No.151 of 2025 for the offences referred above. 3.

Heard Mr. Ch. Ravinder, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for respondent -State.

4.

Learned counsel for the petitioner submitted that the petitioner herein is the Managing Partner of M/s. NEO Logistics a registered company and the said company is having CC vehicles and the said vehicles are used for transportation of employees. He further submitted that the petitioner has not committed the offence and the ingredients under Sections 420, 467, 468, 471 r/w 34 IPC are not attracted against the petitioner and further submitted that

except the offence under Section 467 of IPC, the other offences leveled against the petitioner are punishable for the imprisonment below seven years. It is further submitted that the police with an intention to harass the petitioner included the offence under Section 467 of IPC though the said ingredient is not attracted against the petitioner. He further contended that the petitioner is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court. Hence, the petitioner may be enlarged on anticipatory bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence, investigation is under progress and if the petitioner granted anticipatory bail at this stage, he may tamper the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition. 6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner herein is the Managing Partner of M/s. NEO Logistics and the said company is having not more than 40 CC vehicles. Even according to the learned counsel for the petitioner, the petitioner is not having any

criminal antecedents and the same was not disputed by the learned Additional Public Prosecutor.

7.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions:

(i) Petitioner is directed to surrender before the S.H.O., Shameerpet Police Station, Cyberabad on or before 30.04.2025 and on such surrender, he shall be enlarged on bail on executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for a like sum to his satisfaction.

(ii) On such release, petitioner shall appear before the S.H.O., Shameerpet Police Station, Cyberabad on every Monday at 11-00 a.m. for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier.

(iii) Petitioner shall abide by the conditions stipulated under Section 482(2) of BNSS and shall cooperate with the Investigating Officer in the investigation.

(iv) Petitioner/accused No.3 shall not interfere with the investigation or influence the witnesses.

8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

____________________ J. SREENIVAS RAO, J Date: 23.04.2025 Bw

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5302 of 2025 Date:23.04.2025 Bw