N.V.R. Murthy v. State Of Telangana

THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO.4356 of 2022 ORDER:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioners - Accused Nos.1 to 4 seeking bail in the event of their arrest in connection with Crime No.332 of 2022 on the file of Ghatkeswar Police Station, registered for the offences punishable under Sections 420, 467, 468 and 471 r/w.34 of Indian Penal Code.

2.

Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The brief case of the prosecution is that the defacto complainant has filed a complaint against the accused alleging that one N.Yadgir Reddy, N.Ajay Kumar, N.Prabhaker Reddy, N.Anil Kumar, M.Chandra Shekar Reddy, V.Mohan Reddy and N.Sudheer Reddy have jointly purchased lands in sy.Nos.94 and 95 total admeasuring Ac.23-13 guntas situated at Annojiguda village, Pocharam Municipality, Ghatkesar Mandal by virtue of 4 registered sale deeds under

registered General Power of Attorney in favour of A-1, which later on 15-11-2021 cancelled vide document Nos.452/2021 and 453/2021. It is specifically mentioned in the F.I.R. that N.Yadagiri Reddy, M.Chandra Shekar Reddy and V. Mohan Reddy died on 06-09-1999, 30-09-2009 and 11-10-2012 respectively and after their deaths the plots have released in favour of the defacto complainant and N.Sudheer Reddy. In spite of it, A-1 in order to cheat the defacto complainant colluded with A-2 to A-4 forged document as General Power of Attorney on 26-09-1988 and 07-03-1995 and registered plots in favour of A-2 and A-3 and later A-2 again got executed 2 registered sale deeds in favour of Narahari and Jithender Reddy and A-3 and they all A-1 to A-4 colluded with each other and cheated him by forged documents and requested the police to take action.

4.

Learned counsel for the petitioners contended that it is purely civil dispute and the defacto complainant obtained the documents under RTI from the District Registrar, Medchal and it has come to the knowledge that the stamp paper was not old one as per the Registrar and the typing also very

much that of the present date and in that regard the documents may be very much sent to FSL and thereby petitioners cheated him by not reveling the death of the person. The Station House Officer, Ghatkeswar Police Station without verifying the documents registered the present case, who was influenced by the leaders of the ruling party. It is also contended by the counsel for the petitioners that they are the permanent residents and willing to furnish suitable security and will abide the conditions of the Court and prayed to grant anticipatory bail. It is further contended by learned counsel for the petitioners that in similar case this High Court has granted anticipatory bail to A-1 and other petitioners in Crl.P.No.8189 of 2021 on 18-11-2021. 5.

Learned Public Prosecutor contended that the investigation is still pending and opposed to grant bail. However, he did not dispute the fact that the petitioners are the purchasers of the property. Taking into consideration of the fact that it is a civil dispute, this Court feels it is a fit case to grant anticipatory bail.

4.

The Criminal Petition is accordingly allowed and the petitioners/accused Nos.1 to 4 are granted anticipatory bail subject to the following terms and conditions:

(1) The petitioners/accused Nos.1 to 4 are ordered to be enlarged on bail in the event of their arrest on furnishing personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties to the like sum each to the satisfaction of IV Addl. Metropolitan Magistrate - cum - IV Addl. Junior Civil Judge, Cyberabat at L.B. Nagar.

(2) The petitioners/accused Nos.1 to 4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in investigating the case.

(3) The petitioners shall not leave Ranga Reddy District premises till the date of filing of the charge sheet. As a sequel, miscellaneous petitions, if any pending, shall stand closed.

_________________________________ G.ANUPAMA CHAKRAVARTHY, J May 12, 2022 PN

THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO.4356 of 2022 May 12, 2022 PN