Shaik Khaleel v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6770 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused No.1 in Crime No.223 of 2025 on the file of the Station House Officer, P.S.Mavala, Adilabad District registered for the offences punishable under Sections 420, 467, 468, 471 of Indian Penal Code.

2.

The case of the prosecution is that on 21.05.2025, at 21:00 hrs, the defacto complainant lodged a complaint stating that she is the absolute owner and patta holder of Plot No.1016, in Sy.No.170 vide patta No.C/796/2013, dated 31.03.2013 issued by the then Tahsildar, Mandal Revenue Office, Adilabad, and the petitioner by forging the above document executed a Registered Sale Deed vide document No.1171/2025, in the name of Sak pelly Surekha and mutated her name in Municipal Council, Adilabad and on her complaint the official concerned conducted enquiry and found the name of un-authorized person i.e., petitioner. Hence, requested to take necessary action. Basing on the same, Crime No.223 of 2025 was registered.

3.

Heard Sri S.Ravi Kiran Reddy, learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in the above crime. He further submitted that the Mandal Revenue Officer, Adilabad has granted house site patta in respect of Plot No.1016 in Survey No.170 on 31.03.2013 in favour of the petitioner. Pursuant to the same, the petitioner after obtaining permission constructed the house and after more than ten years he sold the said property in favour of Sak Pelly Surekha, through registered sale deed on 06.02.2025 and the petitioner has not created any forged document as alleged in the complaint and ingredients under Section 467 of IPC does not attract and the petitioner is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of anticipatory bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed a grave offence and investigation is under progress and if the petitioner is granted

anticipatory bail at this stage, he may interfere with the investigation and may influence the witnesses, and hence, prayed to dismiss the petition.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the then Mandal Revenue Officer, Adilabad granted house site patta exercising the provisions of Section 21 of Board Standing Orders in favour of the petitioner in Survey No.170, Plot No.1016. According to the petitioner, after obtaining permission, he constructed the house and sold the same in favour of Sak Pelly Surekha, through registered sale deed on 06.02.2025. According to the allegations made in the complaint, the defacto complainant is claiming the very same property.

7.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/accused No.1 subject to the following conditions:

1. The petitioner/accused No.1 shall surrender before the Station House Officer of P.S.Mavala, Adilabad District on or before 19.06.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.1 on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for the like sum each.

2. The petitioner/accused No.1 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period

of eight (8) weeks, or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.

3. The petitioner/accused No.1 shall not interfere with the investigation or influence the witness during the investigation.

4. The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 482 (2) of Bharatiya Nagarik Suraksha Sanhitha, 2023.

8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

______________________________ JUSTICE J.SREENIVAS RAO Date: 12.06.2025 psw