N. Srinivas Reddy v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4687 of 2019 O R D E R :

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner, who is A.1, for grant of anticipatory bail in the event of his arrest in Crime No.382 of 2019 of Chandanagar Police Station, Cyberabad, Ranga Reddy District, registered for the offences punishable under Sections 406, 420 and 506 of IPC. This is a case of cheating, misappropriation and threatening made by A.2, who cheated the colony people of Papireddy Colony, Chandanagar, by collecting amounts in the name of arranging double bed room houses and thereafter the accused failed to arrange the same to the complainant and others and when they asked about providing of houses or for return of the amount, she abused them in filthy language and threatened them with dire consequences. Basing on the complaint lodged by the defacto complainant and others, Crime No.382 of 2019 was registered for the aforesaid offences against A.2 and the petitioner/A.1.

Heard learned counsel for the petitioner/A.1 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner contends that the petitioner is innocent of the offences alleged and the present case has been foisted against him in order to escape the

liability of A.2, who received huge amounts from the defacto complainant and others and the police have mechanically added the name of the petitioner basing on the confessional statement of A.2 without verifying the facts. It is also contended that the petitioner is neither an employee of A.2 nor he met A.2 or the defacto complainant and never collected any amounts from them for providing double bed room flats. It is also contended that the petitioner is nothing to do with the present case and the allegations levelled against him are baseless and imaginary and no specific overtacts have been made against the petitioner. It is also contended that material part of investigation has already been completed, except filing of charge sheet and the petitioner is ready to abide by any conditions imposed by this Court, including assisting the investigating agency for his release on anticipatory bail in the event of his arrest in the above crime.

On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the above petition and submits that the petitioner is a very influential person working in Telangana Secretariat and admittedly, A.2 collected huge funds from the complainant and others and paid the same to the petitioner.

A perusal of the Remand Report discloses that there are specific allegations levelled against the petitioner that A.2 collected huge funds from the complainant and others and paid the same to the petitioner. In view of the specific nature of allegations levelled against the petitioner, I am not inclined

to grant anticipatory bail to the petitioner/A.1. However, if the petitioner/A.1 surrenders before the Court below concerned and moves an application for regular bail, after giving prior notice to the Public Prosecutor concerned, the said application may be considered in accordance with law. With the above observations, this Criminal Petition is dismissed.

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

________________________ JUSTICE G. SRI DEVI 13.08.2019.

Msr

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4687 of 2019 13.08.2019 Msr