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High Court for State of TelanganaCRLP/7308/2022allowed no costs

Nekkanti Achutha Rayudu v. The State Of Telangana

2022-09-20K.Surender3 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.7306 OF 2022 AND COMMON ORDER:

These two Criminal Petitions are filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners who are arrayed as Accused Nos.3 and 6 in the event of their arrest in Crime No.68 of 2021 on the file of Station House Officer, Jubileehills Police Station, Hyderabad Commissionerate, Telangana, registered for the offences punishable under Sections 420, 465, 466, 467, 468, 471, 474 and 120(b) read with Section 34 of Indian Penal Code. 2.

As the petitioners in both the criminal petitions are Accused in the same Crime i.e. Crime No.68 of 2021, both the criminal petitions are heard together and disposed off by this common order. 3.

Heard learned counsel for the petitioners in both the criminal petitions, learned Assistant Public Prosecutor for the respondent-State and learned counsel for the de facto complainant. Perused the record.

4.

The petitioners are alleged to have committed offence under Sections 420, 465, 466, 467, 468, 471, 474 and 120(b) read with Section 34 of Indian Penal Code. The allegation against the petitioners is that they have obtained forged and fabricated 13-B Certificate and pursuant to the said certificate, sale deeds were executed in respect of the land in question.

5.

The learned Counsel appearing for the petitioners in both the criminal petitions submits that apart from the present crime, there are three other Crimes i.e. Crime No.368 of 2021 of Jubileehills Police Station, Crime No.48 of 2021 of Chevella Police Station and Crime No.333 of 2020 of Shabad Police Station registered on the very same allegations and the all the F.I.Rs. are filed as part of material papers. 6.

As seen from the contents of all the complaints, the allegation is pertaining to the very same transaction. Even according to the de facto complainant, pursuant to the orders passed by this Court in Crl.Petition No.7095 of 2022, there are no transactions which were made by these petitioners. In the said circumstances, this Court feels it appropriate to grant the relief of Anticipatory Bail to the petitioners.

7.

Accordingly, the criminal petitions are allowed and the petitioners/Accused Nos.3 and 6 shall be enlarged on bail in the event of their arrest, subject to the following conditions: i) The petitioners/Accused Nos.3 and 6 are directed to surrender before the Station House Officer, Jubileehills Police Station, Hyderabad Commissionerate, Telangana and on such surrender, the said Station House Officer, shall release the petitioners/Accused Nos.3 and 6 on bail, on their executing personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties in a like sum each to its satisfaction.

ii) On such release, the petitioners/Accused Nos.3 and 6 shall appear before the police as and when required, for the purpose of investigation.

iii) The petitioners/Accused Nos.3 and 6 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case. Miscellaneous applications, if any pending shall stand closed. _____________ K.SURENDER, J Date: 20.09.2022 ns