Ajay Kumar Pilania v. The State Of Telangana

THE HON'BLE SRI JUSTICE SREENIVAS RAO CRIMINAL PETITION No.7946 of 2025 Order:

This Criminal Petition is filed by the petitioners/accused Nos.3 and 4, seeking anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), in connection with Crime No.438 of 2024 of Chaitanyapuri Police Station, Rachakonda Police Commissionerate, Ranga Reddy District, registered for the offences punishable under Sections 406 and 420 r/w. 34 of Indian Penal Code, 1860 (for short 'IPC') and Section 5 of Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short 'TSPDFE Act') 2.

The case of the prosecution is that the de-facto complainant lodged a report before the police stating that Mukesh Chowdary who is his friend requested him to invest the amount in his family business which was run and operated by his relatives i.e., Amit Pilania, Rajesh Pilania and Ajay Pilania and thereafter Mukesh Chowdary had convened a meeting in which the above said persons met him and stated that they run and operate road carriers business across India and they are planning to expand their business and they require additional investments and that they would pay huge returns @ 20% on the

::2::

invested amount every month without fail. It is further stated that believing their words, the de-facto complainant invested Rs. 1,90,00,000/- and later he came to know that the amount invested by him was not put in their business activities but the same was utilized for their personal needs and stated that he can do whatever he likes as no one can question them Hence, the complaint. Basing on the said complaint, the police registered the case against the petitioners for the above said offences.

3.

Heard Mr.G.Anil Kiran Kumar, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioners submitted that the petitioners have not committed any offence and they were falsely implicated in this case. Even according to the allegation made in the complaint, entire allegations are levelled against accused No.1 only and no allegations are made against the petitioners. He further submitted that the de-facto complainant has not deposited any amounts with the petitioners and also the petitioners have not received any amount in turn from accused No.1, hence ingredients under Section 5 of TSPDEFE Act and Section 420 of IPC are not attracted

::3::

against the petitioners. He further submitted that the very same allegations are levelled against accused No.2 and he had approached this Court and filed Crl.P.No.15119 of 2024 for grant of anticipatory bail and this Court allowed the said petition on 23.12.2024. Hence, petitioner is also entitled for grant of anticipatory bail. 5.

On the other hand, learned Additional Public Prosecutor submitted that the petitioners have collected huge amounts from the victims and there are specific allegations are levelled against the petitioners and the investigation is under progress. Therefore, if the petitioners are granted anticipatory bail, at this stage, there is every chance to influence the witnesses and to interfere with the investigation. Hence, prayed to dismiss the petition. 6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record and complaint, it reveals that there are no specific allegations against the petitioner and the very same allegations are levelled against accused No.2 and this Court granted anticipatory bail in his favour in Crl.P.No.15119 of 2024 on 23.12.2024.

::4::

7.

Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.3 and 4 subject to the following conditions.

1. The petitioners/accused Nos.3 and 4 shall surrender before the Station House Officer of Chaitanyapuri Police Station, Rachakonda Police Commissionerate, Rangareddy District, on or before 11.07.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.3 and 4 on bail on each of them executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties, for a like sum each.

2. After release, the petitioners/accused Nos.3 and 4 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.

3. After release, if the petitioners/accused Nos.3 and 4 indulges in similar offence, the respondent-State is entitled to file an application seeking cancellation of the anticipatory bail granted by this Court in their favour.

4. The petitioners/accused Nos.3 and 4 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case. 8.

Accordingly, the Criminal Petition is allowed.

::5::

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

___________________ J.SREENIVAS RAO, J Date: 04.07.2025 lk