Dubbudu Surender Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5310 OF 2022 ORDER:

This Criminal Petitions is filed under Sections 437 and 439 of the Criminal Procedure Code by the petitioner/Accused in Crime No.05/RCA-RRR/2022 on the file of ACB, Ranga Reddy Range, Ranga Reddy District, registered for the offences punishable under Sections 13(1) (b) read with 13(2) of Prevention of Corruption Act, 1988. 2.

The petitioner was arrested on 12.05.2022 on the allegation of possessing disproportionate assets to a tune of Rs.2,41,58,845/-. The crime was registered under Sections 13(1) (b) read with 13(2) of Prevention of Corruption Act, 1988.

3.

Briefly, the case of the ACB is that the petitioner was working as Mandal Parishad Officer during the check period from 27.05.2013 till the date of his suspension on 20.01.2022 and he had indulged in corrupt practices and acquired assets disproportionate to his known source of income, for which reason the ACB had registered a crime and also conducted searches at several places. The ACB had prima facie found that the petitioner had disproportionate assets, gold jewellery etc., all unaccounted and valued at Rs.2,41,58,845/-. 4.

Learned Counsel for the petitioner submits that the petitioner is in jail since 12.05.2022 and the ACB had in fact wrongly calculated

the check period and income and erroneously arrived at a conclusion that the petitioner had disproportionate assets valued at Rs.2,41,58,845/-.

5.

On the other hand, learned Special Public Prosecutor filed counter stating that the investigation is at crucial stage and the petitioner who is an influential person if released on bail would come in the way of investigation.

6.

As seen from the record, all the details of the income, expenditure and the property details of the petitioner are tabulated in the counter and all the evidence could be collected from the Government Officers, Banks etc. As such, the petitioner will not have any say and the question of interfering in securing those documents at this juncture does not arise.

7.

In the said circumstances and for the reason that petitioner being in jail since 12.05.2022, he can be granted bail subject to following conditions.

i) The petitioner/Accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for a like sum each to the satisfaction of the I Additional Special Judge for SPE & ACB Cases at Hyderabad.

ii) The petitioner/Accused shall appear on every Monday between 10.30 a.m. and 01.00 p.m. for a period of two months before the concerned Station House Officer and

thereafter he shall assist the investigation as and when called for by the prosecution.

iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. __________________ K.SURENDER, J 28.06.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5310 OF 2022 Dt.28.06.2022 tk