Satish Kumar v. The State Of Telanagana
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6927 of 2019 O R D E R :
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner, who is A.4, for grant of anticipatory bail in the event of his arrest in Crime No.568 of 2019 of KPHB Colony Police Station, Hyderabad, Ranga Reddy District, registered for the offences punishable under Sections 406 and 420 of IPC. This is a case where the petitioner/A.4 along with A.1 and other accused induced several people, including the complainant stating that Central Government has announced Self-employment Scheme in the name and style of "START UP INDIA" and sanctioning loans under subsidy and thus collected huge amounts from innocent public and cheated them without sanctioning any loan.
Heard learned counsel for the petitioner/A.4 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner contends that the petitioner is innocent of the offences alleged and there are no allegations against the petitioner and all the allegations are made against A.1 only. It is also contended that the petitioner is a Coach of Skating and doing a national profession and he never involved in any such criminal cases and he has been falsely implicated in the above crime. It is further contended
that the allegations levelled against the petitioner are all false and baseless and made only for the purpose of the present case and the petitioner undertakes to appear before the Court on each date of hearing and also ready to abide by any conditions imposed by this Court, including assisting the investigating agency for his release on anticipatory bail in the event of his arrest in the above crime.
On the other hand, the learned Additional Public Prosecutor vehemently opposed the relief sought in the above petition.
As seen from the report of the police, specific role has been assigned to the present petitioner stating that A.4 is a close relative of A.1 and both have induced innocent public, including the complainant stating that they will arrange for bank loans under the above Scheme of "START UP INDIA" on subsidy and collected huge amounts by going on the bike of the present petitioner on various dates and after collecting the amounts, A.1 transferred some amount in the account of A.2 and the petitioner/A.4. Thus, there are specific allegations levelled against the petitioner that he along with A.1 and other accused collected huge amount from the public in the name of providing loans under Self-employment Scheme and subsequently they have not repaid the said amounts to them on their demand.
Thus, in view of the specific nature of allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.
However, if the
petitioner/A.4 surrenders before the Court below concerned and moves an application for regular bail within fifteen (15) days from the date of this order, after giving prior notice to the Public Prosecutor concerned, the said application shall be considered in accordance with law.
With the above observations, this Criminal Petition is disposed of.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ JUSTICE G. SRI DEVI 08.11.2019.
Msr
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6927 of 2019 08.11.2019 Msr