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High Court for State of TelanganaCRLP/7360/2022allowed no costs

Nuguri Vamshikrishna And Another v. The State Of Telangana

2022-08-25K.Surender3 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7360 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A1 & A3 seeking bail in the event of their arrest in connection with Crime No.322 of 2022 on the file of Karimnagar II Town Police Station, Karimnagar, registered for the offences punishable under Sections 420, 406, 506 read with 34 of Indian Penal Code and Sections 3(5) (a)(b) of The Telangana Money Lenders Act, 1349 F. 2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The case against the petitioners that Accused No.1 lent an amount of Rs.7 lakhs to the defacto complainant and after giving the said loan, property which is Ac.0.08 guntas of land was registered in the name of A1. Subsequently, though the defacto complainant was ready to pay the said loan amount of Rs.7 lakhs along with interest, the 1st petitioner/A1 has not accepted the said amount and re-register the property in the name of the defacto complainant. 4.

In the said circumstances, when the defacto complainant has willingly registered the property in the name of the 1st petitioner/A1, the refusal of the 1st petitioner/A1 to re-register the said property in the

name of defacto complainant would not amount to the offence under Section 420 of IPC.

5.

In view of the aforesaid facts and circumstances, these petitioners can be granted the relief of Anticipatory Bail in the event of their arrest, subject to the following conditions:

1) The petitioners/A1 & A3 are directed to surrender before the Station House Officer, Karimnagar II town Police Station, Karimnagar District, within a period of ten days from the date of this order. On such surrender, the said Station House Officer, shall release the petitioners/A1 & A3 on bail, on their executing personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the 1st petitioner/A1 shall appear before the concerned Station House Officer every Monday between 10.30 A.M. to 1.00 P.M. for a period of six weeks days at 9.00 A.M., and the 2nd petitioner/A3 shall appear as and when directed, for the purpose of investigation.

3) The petitioner/A4 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. 6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :25.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7360 of 2022 Dt.25.08.2022 tk