Divya Gayatri Or Divya v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4885 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/Accused No.3 for grant of anticipatory bail in the event of her arrest in connection with Crime No.113 of 2018 of Cyber Crime Police Station, Rachakonda District, registered for the offences punishable under Sections 406, 420, 506 and 120-B I.P.C and Sections 66C and 66D of the Information Technology Act, Section 5 of the Andhra Pradesh Protection of Depositors from Financial Establishment Act, 1999 and Sections 4 and 6 of the Price Chits and Money Circulation Schemes (Banning) Act, 1978. 2.

Heard learned counsel for the petitioner/Accused No.3 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.

3.

The case of the prosecution is that accused No.1, who is husband of the petitioner herein indulged in collecting huge deposits in the name of spiritual activities and also started several fake companies and well aware with regard to the Dream Project and thereby misappropriated the amounts by purchasing the properties in the name of the petitioner, who is in active connivance of her husband.

4.

Learned counsel for the petitioner would submit that the petitioner in an innocent person and falsely implicated in this case; that the petitioner has no right or share in the aforesaid company; that all the allegations in the complaint are false and frivolous;

that without proper investigation and enquiry, police registered false case against the petitioner; that the petitioner is three month pregnant and suffering from women oriented diseases and hence, he prays to grant bail to the petitioner.

5.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner on the ground that the investigation is still pending.

6.

A perusal of the remand case diary shows that the petitioner is wife of accused No.1, who indulged in collecting huge deposits in the name of spiritual activities and also started various fake companies. The allegation clearly establishes the offence and involvement of the petitioner herein cannot be ruled out. Thus, looking into nature of allegations, gravity of offence and involvement of the petitioner in the commission of offence, I am not inclined to grant bail to the petitioner. Hence, the criminal petition is liable to the dismissed.

7.

Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this petition shall stand closed.

______________________ JUSTICE G SRI DEVI AUGUST 21, 2019 YVL

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4885 OF 2019 Date:21.08.2019 YVL