K.Chiranjeevi v. The State Of Andhra Pradesh

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE ELEVENTH DAY OF APRIL, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRLP .No. 3921 o'f 2018 Between:- K. Chiranjeevi, S/o. Lakshmi Narasaiah.

Petitioner/2"d Accused.

AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana and the State of Andhra Pradesh..

..... RespondenVComplainant.

Petition filed under Sectjon 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to petitioner by directing the police to release him on bail, in the event of his arrest in connection with Crime No. 2 of 2018 of Chittoor ll Town Police Station, Chittoor District in the interests of justice The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Akurathi Ramakrishna, Advocate for the Petitioner and of Public Prosecutor(AP) on behalf of sole Respondent-State, the Court made the following ORDER :-

F"

l Y THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No, 3921 OF 2018 ORDER:

This petition is filed, under Section 438 of the Code of Criminal Procedure,.1973 (for short,'Cr.P.C.'), for grant of anticipatory bail to the petitioner-accused No. 2 in Crime No. 2 of 2018 of Chittoor II Town Police Station, Chittoor District, registered for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor (A.P.).

3.

The case of the prosecution in brief is that the petitioner along with the other accused pledged gold and obtained loan from the de facto complainant finance company to a tune of Rs.1,55,400/- and that when the gold was tested about purity, it is revealed that the gold pledged with the latter is spurious. 4.

Learned counsel for the petitioner submits that the petitioner is ready to discharge the loan availed by him within six weeks and that the other accused was enlarged on pre-arrest bail by this Court vide order dated 12-03-2018 in Criminal Petition No. 2382 of 2018.

5.

Considering the submission of learned counsel for the petitioner that the petitioner will discharge the loan availed by him and also considering the fact that the other accused, who stands on the same footing as that oF the petitioner, was already enlarged on bail by this Court, I a min clined to grant pre-arrest bail to the petitioner.

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I ": rl 6.

The Statlon House Officer, Chittoor II Town Police Station, Chittoor District, is directed to release the petitioner-accused No. 2 on bail in the event of arrest in Crime No.2 of 2018 on condition of the petitioner executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to his satisfaction only to enable the latter to discharge the loan availed by him within six weeks from today. In the event ef failure to discharge the loan by the latter, the order shall automatically stand vacated and the former is at liberty to effect his arrest. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P,C. as under:

(i) The petitioner shall make himself available for interrogation by a police officer as and when req u ired .

(ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Facts oF the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) The petitioner shall not leave India without the previous permission of the Court.

7.

The criminal petition is accordingly .allowed. Pending miscellaneous petitions if any shall stand closed in consequence. SD/- K. TATA TTAO ASSISTANT GISTRAR ,TRUE COPY// for ASSISTANT REGISTRAR To '1.The Vl Additional Judicial lvlagistrate of First Class, Chittoor, Chittoor District 2.The Station House Officer, Chittoor ll Town Police Station, Chiittoor District3.Two CCs to the Public Prosecuto(AP), High Court at Hyd.(OUT) 4.One CC to Sri Akurathi Ramakrishna, Advocate(OPUC) 5.One spare copy.

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HIGH COURT NISNI.J DT.l l--0J-20ltt.

BAIL ORDER -.N) L;c CRL.P.No.3921 of 2018 RELEASE THE PETITIONER ON BAII,,