Bathini Mahender v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3284 of 2019 O R D E R :

This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioner, who is A.3, seeking anticipatory bail in the event of his arrest in Crime No.76 of 2019 of Mills Colony Police Station, Warangal District, registered for the offence punishable under Section 420 of IPC and Section 7(c) of the Essential Commodities Act.

The case of the prosecution is that on a reliable information about illegal storage of huge quantity of PDS Rice in Mangala Sujatha's (A.1) House, situated at Kashikunta of Warangal, the police of Mills Colony Police Station rushed to the said house and on seeing the police, one female person fled away and the police apprehended her, found PDS rice stored in the said house and recovered the same under the cover of panchanama and on interrogation, she confessed that she is purchasing the PDS rice from the surrounding areas on lower price along with the petitioner/A.3 and another accused and selling the same at higher price. Basing on the same, the police registered Crime No.76 of 2019 of Mills Colony Police Station, Warangal District, for the aforesaid offences against the petitioner/A.3 and other accused.

Heard learned counsel for the petitioner/A.3 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner/A.3 contends that the allegations made against the petitioner are false in nature and the petitioner was falsely implicated in the above crime and he is nothing to do with the above offences. It is also contended that most part of investigation has already been completed and that the petitioner is ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if he is released on anticipatory bail in the event of his arrest in connection with the aforesaid crime. On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the above petition.

By taking into consideration the serious nature of allegations made against the petitioner/A.3 and in view of gravity of offences, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner/A.3 is directed to surrender before the Court below concerned and move an application for regular bail, after giving prior notice to the Public Prosecutor concerned and, in which event, the same shall be considered on the same day on such terms as the said Court deems fit and proper.

Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 27.06.2019.

Msr

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3284 of 2019 27.06.2016 Msr