Kandula Aruna v. The State Of Telangana
THE HON'BLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.4392 of 2022 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners-accused Nos.1, 3 and 4 for grant of anticipatory bail in the event of their arrest in connection with Crime No.130 of 2022 of Karimnagar I Town Police Station, Karimnagar District, registered for the offences punishable under Sections 420, 467, 468 and 471 read with 34 I.P.C.
2.
Heard the learned counsel for the petitioner-accused Nos.1, 3 and 4 learned Assistant Public Prosecutor, appearing for the respondent-State and perused the record. 3.
The allegations in the complaint would go to show that de facto complainant purchased a plot from one Gurrala Madhusudan Reddy through registered sale deed and the said Gurrala Madhusudhan Reddy purchased the same from petitioner No.1 through a registered sale deed. It is further stated that after purchase, the complainant obtained permission for construction of house in the said plot. For that purpose, the complainant approached the bank officials for obtaining loan,
who in turn asked her to submit that the encumbrance certificate of the said plot. Thereafter, the complainant came to know that the subject plot was already sold to one Bolla Shobharani. Hence, the complaint.
4.
Learned counsel for the petitioners/A.1, A.3 and A.4 would submit that the entire allegations in the complaint are false. As per the complaint allegations, the transaction is between the accused No.2 and the complainant and the petitioners have nothing to do with the same. Petitioner No.1 had not sold the subject plot to the complainant or any other person prior to her selling of said plot to accused No.2. Petitioner Nos.2 and 3 are daughter and son of petitioner No.1. They are only witnesses to the document i.e., registered sale deed dated 16.03.2020 and they have not committed any offence and ultimately, prayed to grant bail to the petitioners. 5.
On the other hand, learned Assistant Public Prosecutor opposed the bail application.
6.
Having regard to the submissions made and considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners/A.1, A.3 and A.4 on some conditions.
7.
The Criminal Petition is therefore, allowed. The petitioners-accused Nos.1, 3 and 4 shall surrender before the Station House Officer, Karimnagar I Town Police Station, Karimnagar District, in connection with Crime No.130 of 2022 within one week from today and on such surrender and executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, they shall be released on bail. After release, the petitioner No.1-accused No.1 shall appear before the said Station House Officer on every Sunday between 10:00 AM and 2:00 PM for a period of two (2) months or till filing of charge sheet, whichever is earlier. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
_____________________ JUVVADI SRIDEVI, J Date: 19.05.2022 YVL