Anil Kumar Midimalapu v. Sate Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8888 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners who are arrayed as Accused Nos.1 and 3 in Crime No.258 of 2022 pending on the file of Station House Officer, Geesugonda Police Station, Warangal District registered for the offences punishable under Sections 420 and 306 of Indian Penal Code.

2.

Heard learned counsel for the petitioners/Accused Nos.1 and 3 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

A complaint was filed by the brother of the deceased stating that his deceased brother invested nearly an amount of Rs.4,00,000/- in ESPN Cryto Currency and also purchased pencil machine from 2nd petitioner/Accused No.3 for an amount of Rs.95,000/-, since the product was giving trouble it was returned and accused No.3 promised to repay an amount of Rs.10,000/- every month, however, the said payment was not done. Though

amount towards investment was given to 1st petitioner/Accused No.1, the said investment did not yield any result, for the said reason, on 18.09.2022 he consumed pesticide and while undergoing treatment he died on the same day.

4.

As seen from the allegations in the complaint, the deceased had invested amounts in ESPN Cryto Currency and also for purchase of a pencil machine. Not returning the amounts by the petitioners may amount to an offence of cheating and not abetting suicide. Since the petitioners are in jail since 29.09.2022, they can be granted the relief of regular bail.

5.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 3 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.1 and 3 are directed to be released on bail on their executing personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for a like sum to the satisfaction of Principal Judicial First Class Magistrate at Warangal.

ii) After release on bail, the petitioners/Accused Nos.1 and 3 shall appear before the concerned Station House Officer on every Monday between 10.00 A.M to 1.00 P.M, for a period of twelve (12) weeks or until filing of charge sheet, whichever is earlier. iii) The petitioners/Accused Nos.1 and 3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 11.10.2022 ns