D. Ashok Kumar v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 8716 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.3 seeking to grant anticipatory bail in the event of his arrest in Crime No.4 of 2019 on the file of C.I.D Police Station, Hyderabad, registered for the offences punishable under Sections 406, 409, 420 and 120-B IPC.

2.

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

3.

The brief facts of the case are that the de facto complainant on 09.7.2019 forwarded a Memo No.1865/C-10/CID-TS-2019 dated 09.7.2019 through Additional Director General of Police, C.I.D., Telangana, stating that the TSREDCO Corporate-cum-registered office has to come to know through statutory audit reports pertaining to Financial Year 2014-15and 2015-16 that major irregularities had taken place in the implementation of Family Size Biogas and Solar energy programmes in the erstwhile districts of Telangana State during the F.Y. 2014-15 and 2015-16 in 2017 and requested to take necessary action. Upon which, the aforesaid case was registered against the petitioner and others. 4.

Learned counsel for the petitioner would submit that the authorities concerned without verifying the facts and circumstances of the case, levelled false allegations against the petitioner and implicated him as one of the accused in the aforesaid case; and that

the petitioner is a law abiding citizen and is ready to abide by any conditions that may be imposed by this Court in the event of his enlargement on anticipatory bail.

5.

Learned Additional Public Prosecutor submitted that earlier, the petitioner has already filed a Criminal Petition under Section 482 Cr.P.C. seeking to quash the aforesaid crime, which was rejected by this Court and hence, the petitioner is not entitled for grant of anticipatory bail.

6.

As seen from the contents of F.I.R., there are specific allegations against the petitioner. Thus, looking into the gravity of the offences and the nature of allegations levelled against the petitioner and the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. 7.

The Criminal Petition is accordingly dismissed. However, the petitioner is directed to surrender before the Court concerned within a period of 15 days from the date of this order and file an application seeking grant of anticipatory bail, upon which, the Court concerned shall consider the same and pass appropriative orders in accordance with law after giving due notice to the learned Public Prosecutor.

8.

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

__________________ JUSTICE G.SRI DEVI 21st January, 2020 dr