B. Prasanth v. State Of Telangana

[3rs8 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD C R I i WEDNESDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND NINETEEN (, o :PRESENT:

THE HON'BLE JUSTICE G SRI DEVI t CzuMINAL PETITION NO: 4192 OF 2019 Between:

B. Prasanth, S/o. Komuraiah, ,,..Petitioner/Accused No.17 AND State ofTelangana, through Mavala Police Station, Adilabad District, Rep. by the Public Prosecutor for the State of Telangana at Hyderabad. ..,.Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in the event oh their arrest in connection with in Crime No. 13212018, dt. 2l08-201 8 U/s. 403, 409 & 420 of IPC on the file of the Mavala Police Station, Adilabad The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.MANGULAL Advocate for the Petitioner and ADDL.PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.

ORDEIT

TH:E HONOURABLE JUSTICE G. SRI DEVI .RIMINAL PETITION No.4l92 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.CJ, is liled by the petitioner/Accused No. 17 for grant of anticipatory bail in the event of his arrest in connection with Crime No. 132 of 2018 of Mavala Police Station, Adilabad District, registered for the offences punishable under Sections 4O3, 409 and 42O I.P.C. 2.

Heard learned counsel for the petitioner/Accused No. 17, and the learned Additional Public Prosecutor representing the respondent-State. Perused the record.

3.

The allegation in the complaint against the present petitioner is that though he has taken subsidy of Rs.54,000/- for construction of six (6) Biogas plants, he has not constructed the same and remitted the said amount vide D.D.No.780020, dated 08.08.218.

4.

Learned counsel for the petitioner/accused No.17 would submit that in order to harass the petitioner, a false complaint is Iiled against him; that the petitioner is no, way concerned with the alleged offences; that the petitioner is native of Jagityal District. He further submitted that though the petitioner has taken subsidy of Rs.54,000/- from the concerned Department for construction of six

(6) Bio plants, he did not construct the same and remanded the amount to the department and hence, he prays to grant bail to the petitioner.

5.

Learned Additional Public Prosecutor would submit that the petitioner has remitted the amount which he has taken for construction of six (6) biogas plants by way of Demand Draft on 08.08.2019.

6.

Having regard to the nature of allegations and considering the gravity of offences alleged, the petitioner/accused No.17 can be granted bail under Section 438 Cr.P.C on some conditions. 7.

Accordingly, the petitioner/accused No.17 is directed to surrender before the Station House Officer, Mavala Police Station, Adilabad District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Mavala Police Station, Adilabad District, shall release the petitioner on bail on his executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. On such release, the petitioner/Accused No. 17 shall attend before the said Station House Ofhcer on third Saturday of each month between 10:00 AM and 12:00 PM till completion of investigation and shall abide by the conditions stipulated in Section 438 (2) Cr.P.C and co-operate with the Investigation Oflicer in concluding investigation. Miscellaneous petitions, if any, pending in this petition shall stand closed.

//TRUE COPY// '^3J;l;l,L*9F'.?fff.t^.

FOT ASSISTANT REGISTRAR

I T<r

1. The Special Judge for Trial of Cases Under SCs/STs (POA) Act-cum-V Additional District and Sessions Judge, Adilabad.

2. The Judicial First Class Magistrate at Adilabad.

3. The Station llouse Officer, Mavala Police Station, Adilabad District

4. One CC to SRI. R MANGULAL Advocate [OPUC]

5. Two CCs PUBLIC PROSECUTOR (TG), High Court at Hyderabad (OUT)

6. One spare copy //

/ HIGH COLRT GSD,J DATED; 14.8.2019 CRL.P.NO.4192 0F 2019 BAIL Cr (-\ V