Md. Ahmed Zia Ul Hakh , Mohammed Zia Ul Haq v. The State Of Telangana

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.4775 OF 2023 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner/Accused No.7 seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.92 of 2023 of Devarakonda Police Station, Nalgonda District, registered for the offences punishable under Sections 120 (b), 420, 504 and 506 of I.P.C.

2.

Heard the learned counsel appearing for the petitioner/Accused No.7, learned Additional Public Prosecutor appearing for the respondent-State and perused the record. 3.

Learned counsel for the petitioner has submitted that the allegations made against accused Nos.1 to 3 are that they have collected money to a tune of Rs.3,30,00,000/- from the informant and 80 others by making false promises. The only allegation against the petitioner is that when the victims approached the petitioner, who is the father of accused Nos.3, 9 and 10, he threatened the victims. Learned counsel for the petitioner further submitted that at the most the offences under Sections 504 and 506 of I.P.C. are attracted against the petitioner and he is no way connected with the offences under Sections 120 (b) and 420 of I.P.C.

4.

As seen from the report lodged by one of the victims on 12.04.2023, there is no allegation against the petitioner that he has received the money from the informant and others. Prima facie offences under Sections 420 and 120 (b) of the I.P.C. are not attracted against the petitioner. Therefore, I am inclined to grant anticipatory bail to the petitioner/Accused No.7.

5.

Accordingly, this Criminal Petition is allowed and the petitioner/Accused No.7 is granted anticipatory bail subject to the following terms and conditions:

(1) The petitioner/Accused No.7 is directed to surrender before the Station House Officer, Devarakonda Police Station within a period of fifteen days from the date of this order and on such surrender, the petitioner/Accused No.7 shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties to the like sum each to the satisfaction of the same Station House Officer. (2) The petitioner/Accused No.7 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and shall fully co-operate with the Investigating Officer in investigating the case.

______________________ B. VIJAYSEN REDDY, J 01.06.2023 Rkk/gkv

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.4775 OF 2023 Date: 01.06.2023 Rkk/gkv