Smt. Kavitha , Singam Kavitha v. State Of Telangana
\ I 3158 l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7657 OF 202'l Between:
Smt. Kavitha @ Singam Kavitha, Wo. Singam Gangadhar Reddy ...Petitioher/Accused No.2 AND State of Telangana, represented by the Public Prosecutor of High Court at Hyderabad.
. .. Res pondenUCompla inant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner I A2 on bail in the event of her arrest in connection with FIR No.102 of 2021 on the file of PS Central Crime Station, Hyderabad. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s N. KRISHNA SUMANTH Advocate for the Petitioner and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
{ THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7657 of 2021 ORDER:
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A2 seeking to grant anticipatory bail in the event of her arrest in connection with Crime No.102 of 2021 on the file of Central Crime Station, Hyderabad, registered for the offence under Section 420 read with Section 34 lPC.
2. Heard learned counsel appearing for the petitioner/A2, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3.
The prosecution case is that 41 has approached the de-facto complainant with a proposal to sell away the properties situated at Proddatur, Kadapa District, for an amount of Rs.'1 ,19,73,0001, and pursuant to oral agreement, the de-facto complainant has paid an amount of Rs.20,00,000/- on 09.10.2018 to Al and A2, who are husband and wife, and also paid the entire sale consideration to the accused, and thereafter, the accused had executed a sale deed on 30.05.20'1 9, but they failed to deliver the original documents to the de-facto complainant and they also threatened him with dire consequences l 4.
Learned counsel for the petitioner/A2 would submit that the petitioner is innocent of the alleged offences and she has been falsely implicated in the crime. He would further submit that there are no specific overt acts against the petitioner. He would further
submit that Al lodged a complaint against the de-facto complainant and the same was registered as CFR No.551 of 2021 'for lhe offences under Sections 406, 418, 420, 506 IPC and as a counterblast, the present complaint is filed against A1 and the petitioner. He would also submit that the petitioner is not having any criminal antecedents prior to the alleged occurrence and she is a law abiding citizen and ready to abide by any condition that may be imposed in the event of her enlargement on anticipatory bail. 5.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner.
6.
As seen from the contents of the FIR and other material papers, it seems that there is a case and counter case pending against the petitioner and her husband and the de-facto complainant. lVloreover, A1 has already been enlarged on regular bail on 17.08.2021 by the competent Court. Thus, looking into the nature of allegations leveled against the petitioner and other facts and circumstances, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/A2. 7.
Accordingly, the Crrminal Petition is allowed and the petitioner/A2 is granted anticipatory bail subject to the following terms and conditions:
(i) The petitioner/A2 is directed to surrender before the Station House Officer, Central Crime Station, Hyderabad, within a period of 15 days from today, and on such surrender, the said Station House Officer shall release the petitioner/A2 on bail on her
executing a personal bond to the tune of Rs.25,0001 (Rupees twenty five thousand only) with two sureties to the like amount each to his satisfaction.
(ii) On such release, the petitioner/A2 shall appear before the lnvestigating Officer on 3'd Saturday of every month between 9.00 AM and 5.00 Pt\4., till completion of investigation and filing of the charge sheet.
(iii) The petitioner/A2 shall comply with the conditions as laid down under Section 438 (2) of Cr.P.C.
B.
Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.
cnr-v.SUDHA nssr]#inineGrsrRAR cN.,--_-_ //TRUE COPY// SECTION OFFICER To, ,,.^- ^rd.,i<rrate at Nampally Hyderabad'
1. The Xll Additional Chief Metropolitan Magistrate
2. The I Additional 'luOiciat t'ltagistrate of First Class at Proddatur'
3. The Station 'o""
On'""r' Potice Station' Central Crime Station' Hyderabad'
4. One CC to M/s' * **''**O SUMANTH' Advocate IOPUCI , l!5*"r"rlJ"f pa]sL; p;osEcuToR' Hish court for the state of Telansana at
6. One spare coPY 7,EE
HIGH COURT GSDJ DATED:2611012021 5i r (.^ .\ .\ oQ,
ORDER
)5 -.\ lr.
-.* ,11 './ CRLP.No.7657 of 2021 BAIL