G.Bharathi Reddy v. The State Of Telangana
THE HONOURABLE DR. JUSTICE D. NAGARJUN CRIMINAL PETITION No.4072 OF 2022 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C to enlarge the petitioner on bail in crime No.193 of 2022 registered for the offences under Sections 420, 467, 468 and 471 IPC by Jubilee Hills Police Station, in the event of her arrest.
2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent and perused the record.
3.
Learned counsel for the petitioner submits that the petitioner with an intention to purchase the property from one Dr. Raman Raj Thakur, entered into an Agreement of sale dated 26.03.2022 and that as an abundant caution, she has given paper publication in Times of India daily newspaper dated 10.04.2022 stating that she is intending to purchase the property of Dr. Raman Raj Thakur.
4.
The defacto complainant, who claims to be the owner of the property, has filed a complaint against the
petitioner stating that the said Dr. Raman Raj Thakur is no way connected to the land, which was agreed to be purchased by her. Basing on the said complaint, a case in crime No.193 of 2022 has been registered by the police against the petitioner for the offences under Sections 420, 467, 468 and 471 IPC. 5.
It has to be noted that the petitioner though entered into an agreement, as an abundant caution, has given paper publication in order to know whether there are any encumbrances in respect of the said property. The case should have been filed against the person, who impersonated as the owner of the property and not against the petitioner, who wanted to purchase the property. Further, the facts mentioned disclose the dispute between parties is purely civil in nature. Investigation is in progress.
6.
Considering the nature of the offences, the allegations levelled against the petitioner and the stage of investigation, the petitioner is entitled for anticipatory bail. 7.
Accordingly, this petition is allowed and the petitioner/A1 is granted anticipatory bail subject to the following conditions:
(1) The petitioner/accused No.1 is directed to surrender before the Station House Officer, Jubilee Hills police station within ten days from the date of receipt of this order, and on such surrender, the petitioner is directed to be released on bail on her executing a personal bond to the tune of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties to the like sum each to his satisfaction.
(2) The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating officer in investigating the case as and when required.
(3) The petitioner/accused No.1 shall appear before the concerned police on every Sunday between 9.00 am and 1.00 pm for a period of two months.
7.
Miscellaneous Petitions, if any, pending, shall also stand closed.
_____________________ DR. D.NAGARJUN, J Date: 05.05.2022 gvl