Takoor Abhilash v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.6555 of 2025 Order:

This Criminal Petition is filed by the petitioners/accused Nos.3 and 4, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.180 of 2025 of Peddapalli Police Station, Ramagundam District, registered for the offences punishable under Sections 420, 409, 464 and 467 of IPC.

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Heard Mr. D.Bhaskar Reddy, learned counsel for the petitioners/accused Nos.3 and 4 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/ State.

3.

The case of the prosecution is that on 17.04.2025, the complainant lodged a complaint stating that the deceased had purchased a plot admeasuring 309 square yards in Sy.No.694 located at Bhoomnagar, Peddapalli, under Document No.251/2009 He passed away on 19/08/2016. After his death, his daughter, accused No.1 in collusion with her mother accused No.2 illegally

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obtained a Release Deed (Doc. No. 4790/2019) by giving false declaration that accused No.1 is the sole legal heir, while concealing the existence of the deceased's son, accused No.3. Subsequently, accused No.3, in collusion with accused No.5, submitted a fabricated death certificate of accused No.2. Based on these false records, accused No.3 fraudulently sold the property to accused No.4 through Document No. 696/2021 by falsely claiming to be the sole legal heir. The accused parties misled the Sub-Registrar, Peddapalli, and committed cheating, forgery, impersonation, and misappropriation by using fabricated documents with an intent to illegally transfer and benefit from the property. Basing on the same a case was registered in Crime No.180 of 2025. 4.

Learned counsel for the petitioners/accused Nos.3 and 4 submits that the petitioners have not committed any offence and they were falsely implicated in the aforesaid crime. He further submitted that even according to the allegations made in the complaint, the ingredients under Sections 409 and 467 of IPC do not attract against the petitioners. He further submitted that the

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very same allegations are leveled against accused Nos.1 and 2 and they have approached this Court and filed Crl.P.Nos.5752 and 6756 of 2025, and this Court allowed the said petitions and granted anticipatory bail on 01.05.2025 and 09.06.2025, hence, the petitioners herein are entitled for grant of anticipatory bail. He further submitted that petitioner No.1 is eking out his livelihood by doing private job and petitioner No.2 is a student and they are not having any criminal antecedents and they are ready and willing to cooperate with the investigating officer and also abide by the conditions that may be imposed by the Court.

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Per Contra, learned Additional Public Prosecutor submits that the petitioners have committed grave offence and the investigation is under progress and if the petitioners/accused Nos.3 and 4 are granted anticipatory bail at this stage, there is every chance of they are influencing the witnesses and interfering with the investigation. 6.

Having considered the rival submissions made by the learned counsel for the parties and on perusal of the record, it reveals that the very same allegations are leveled against accused Nos.1 and 2

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and they have approached this Court and filed Crl.P.Nos.5752 and 6756 of 2025, and this Court allowed the said petitions and granted anticipatory bail on 01.05.2025 and 09.06.2025. Even according to the learned Additional Public Prosecutor, the petitioners are not having any criminal antecedents.

7.

Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.3 and 4 subject to the following conditions:

(i) Petitioners/accused Nos.3 and 4 are directed to surrender before the Station House Officer, Peddapalli Police Station, on or before 25.06.2025;

(ii) On such surrender, the Station House Officer of Peddapalli Police Station, shall release the petitioners on bail on their executing a personal bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the said Officer; (iii) On such release, petitioners/accused Nos.3 and 4 shall appear before the Station House

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Officer, Peddapalli Police Station, on every Monday at 11:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required for investigation.

(iv) Petitioners/accused Nos.3 and 4 shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/ Section 482 of BNSS and shall cooperate with the investigation officer for conclusion of investigation.

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Subject to the above directions, the Criminal Petition is allowed. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 18.06.2025 pss

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The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.6555 of 2025 Date: 18.06.2025 pss