Cholleti Balakrishna v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10258 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.2 seeking bail in the event of his arrest in connection with Crime.No.281 of 2022 on the file of Bhongir Rural Police Station, Rachakonda, registered for the offences under Sections 419, 420 and 467 r/w. 120b of IPC.

2.

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

3.

The de-facto complainant filed a complaint before the Station House Officer, Bhongir on 16.08.2022 stating that the plots which were purchased by her husband were subsequently sold by this petitioner as Special Power of Attorney (SPA) holder. Prior to filing of a criminal complaint, a suit was filed before the Civil Court vide O.S.No.222 of 2022 seeking declaration of said documents executed in the year 2012-2013 and subsequent documents executed in the year 2021 as null and void.

4.

The transactions are of the year, 2012-13 and the defacto complainant has also approached the concerned Civil Court seeking cancellation of said documents. The correctness or otherwise of the said documents is pending adjudication before the Civil Court.

5.

In the said circumstances, this Court deems it appropriate to grant the relief of anticipatory bail to the petitioner, subject to following conditions:-

1) The petitioner/Accused No.2 is directed to surrender before the Station House Officer, Bhongir Rural Police Station, Rachakonda, on or before 23.10.2023. On such surrender, the said Station House Officer shall release the petitioner on bail, on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioner/Accused No.2 shall appear before the concerned Station House Officer at 10.00 A.M on every Monday for a period of four weeks, for the purpose of investigation and thereafter, as and when required.

3) The petitioner/Accused No.2 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.

5.

Accordingly, this Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 16.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10258 of 2023 Dt.16.10.2023 dv