Pathan Azhar Ali Khan v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13030 OF 2024 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023, seeking regular bail to petitioner/accused No.13 in Crime No.184 of 2023 on the file of Central Crime Station, DD Police Station, Hyderabad, registered for the offences under Sections 406, 420 and 506 of the Indian Penal Code, Section 5 of the Telangana Protection of Depositors of Financial Establishment Act, 1999 and Sections 3, 4, 5 and 6 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978.

2.

Heard Sri Goturi Venkatesham, learned counsel for petitioner and Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for the respondent-State and perused the record. 3.

The case of prosecution is that the petitioner along with other accused had induced the complainant in the name of e-Commerce business and accordingly, the complainant invested an amount of

Rs.1,50,000/- in Q-Net Company, on believing the version of accused persons that he will get monthly returns Rs.15,000/- to 1,50,000/-, but they did not give any returns.

4.

Learned counsel for petitioner submits that petitioner is innocent and he pleaded not guilty of the alleged offence and the same is foisted by the complainant. He further submits that the ingredients of offences alleged against the petitioner/accused No.13 are not at all attracted. He further submits that the petitioner/accused No.13 is in judicial custody since 29.08.2024 and most of the investigation is completed. He further submits that some of the accused in the said crime were already enlarged on bail and hence, prayed for grant of bail.

5.

Learned Additional Public Prosecutor opposed the bail application stating that the investigation is under progress and that if petitioner/accused No.13 is granted bail, he may not cooperate with the investigation and hence, prayed to dismiss the Criminal Petition.

6.

Having heard both sides and perused the material on record, it appears that some of the accused in the said crime were already enlarged on bail and the petitioner/accused No.13 has been in judicial custody since 29.08.2024, this Court is of the considered opinion that petitioner/accused No.13 can be granted bail subject to the following conditions:

i.

Petitioner/accused No.13 shall be released on bail on his executing a personal bond for Rs.20,000/- with two sureties, for the like sum each to the satisfaction of the learned XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

II.

Petitioner/accused No.13 shall appear before the concerned Station House Officer on every Saturday between 11.00 a.m. and 01.00 p.m. for a period of eight (08) weeks or till filing of charge sheet, whichever is earlier.

III. Petitioner/accused No.13 shall abide by the other conditions stipulated in Section 480 (3) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.

7.

Accordingly, this Criminal Petition is allowed. ______________________ JUVVADI SRIDEVI, J Date: 30-10-2024 krl

THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13030 OF 2024 Dt.30-10-2024 krl