Mohammed Riyaz And Another v. The State Of Telangana

HON'BLE SMT.JUSTICE G.ANUPAMA HAKRAVARTHY CRIMINAL PETITION NO.4378 OF 2022 ORDER:

1.

This Criminal Petition under Section 438 Criminal Procedure Code is filed by petitioners 1 and 2, who are figured as accused Nos.4 and 5, seeking bail in the event of their arrest in connection with Crime No.22 of 2022 on the file of Mominpet Police Station, Vikarabad District, registered for the offences punishable under Sections 420, 406 and 120-B of Indian Penal Code. 2.

The case of the prosecution is that accused No.1 entered into an agreement with the de facto complainant to purchase Ac.1.00 guntas of land, out of Ac.5.31 guntas, in Sy.No.99/1, pursuant to which, on 10.12.2020, accused No.1 had taken the victim lady/Senior Citizen and her daughter to the office of SRO, Mominpet and had obtained their signatures stating that accused No.3 was purchasing only Ac.1.00 guntas of land and sent them away. Thereafter got registration in respect of Ac.4.16 guntas of land in

Sy.No.99/AA in favour of accused No.3, Ac.1.00 guntas of land in favour of one Yadlapati Priyadashini and Ac.0.15 guntas of land in Sy.No.97/A in favour of one Mrs.Tummala Durga, wherein the petitioners in collusion with accused No.1 and 2 had attested the sale deeds as though the de facto complainant has sold Ac.4.16 guntas to accused No.3, Ac.1.00 to Yadlapati Priayadarshini and Ac.0.15 guntas to one Mrs.Tummala Durga.

3.

The learned Counsel appearing for the petitioners submits that the petitioners have nothing to do with the alleged offences and that at the request of the complainant and accused No.3, they have signed on the document as witnesses.

4.

Learned Assistant Public Prosecutor submits that investigation is still in progress.

5.

In view of the facts and circumstances of the case and since the role of petitioners is only attesting witnesses to documents, their case may be considered for grant of pre-arrest bail.

6. The Criminal Petition is, accordingly, allowed and the petitioners 1 and 2/accused No.4 and 5 are granted anticipatory bail subject to the following conditions:

(1) The petitioners 1 and 2 are directed to surrender before the learned Additional Judicial Magistrate of First Class, Vikarabad within (10) days from today, and on such surrender, the petitioners are directed to be enlarged on bail on their executing personal bonds 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 said Court.

(2) The petitioners shall co-operate with the investigation.

(3) The petitioners shall appear before the concerned police, once in a fortnight i.e. on 1st and 3rd Sunday between 10.00 am and 12 Noon till filing of charge sheet.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J 12.05.2022 trr

HON'BLE SMT.JUSTICE G.ANUPAMA HAKRAVARTHY CRIMINAL PETITION NO.4403 OF 2022 DATE: 12.05.2022 trr