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High Court for State of TelanganaCRLP/6700/2019dismissed

Smt.Gane Chandrakala v. The State Of Telangana

2019-10-30G Sri Devi2 pages

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6700 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A2, seeking to grant anticipatory bail in Cr.No.732 of 2019 on the file of Sanjeevareddy Nagar Police Station, Hyderabad District, registered for the offences under Sections 420, 406, 468, 471 IPC.

2.

Heard learned counsel for the petitioner/A2, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

It is alleged in the complaint that A1 and A2 had availed Bank loans of Rs.14 lakhs and Rs.13,83,870/- respectively, by submitting fake and fabricated sale deeds by forging the signatures of the vendors, thereby committed the offences of cheating, criminal breach of trust and forgery.

4.

Learned counsel for the petitioner/A2 submits that the petitioner is innocent and nothing to do with the alleged offences as the entire allegations are false and baseless. He further submits that the ingredients in the complaint do not attract the alleged offences and no prima facie case has been established against the petitioner. He further submits that the entire investigation is completed, except filing of the charge sheet. He further submits that as the petitioner is a permanent resident of the address mentioned in the cause title, the question of her absconding or tempering with the prosecution witnesses does not arise. He further submits that the husband of the petitioner took her signatures forcibly and no loan was availed by

her. He further submits that the petitioner undertakes to cooperate with the investigation and abide by the conditions imposed by this Court.

5.

Learned Additional Public Prosecutor opposed the relief sought in the petition.

6.

As seen from the contents of the complaint, the petitioner/A2 along with her husband A1 had created documents by forging the signatures of the vendors and they have shown the built up area as 1539 sq. feet and the value of the property as Rs.18 lakhs in the said documents. Thus, in view of the nature of allegations leveled against the petitioner, this Court is not inclined to grant anticipatory bail to her and her prayer for anticipatory bail is refused. However, if the petitioner/A2 surrenders before the trial Court within 15 days from today and moves an application for bail, the trial Court shall consider the same in accordance with law on the same day. 7.

With the above directions, the Criminal Petition is dismissed. 8.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 30th October, 2019 sj