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High Court for State of TelanganaCRLP/9292/2022allowed no costs

Smt. Anuradha Gangishetty v. The State Of Telangana

2022-10-28K.Surender3 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9292 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner who is rrayed as Accused No.3 in the event of her arrest in Crime No.176 of 2022 on the file of Station House Officer, Tandur Town Police Station, Vikarabad District registered for the offences punishable under Sections 420 and 406 of Indian Penal Code and Section 5 of TSPDFE Act, 7 of TSCF Act and 58(B), 4(A) read with Section 45 of RBI Act. 2.

Heard learned counsel for the petitioner/Accused No.3 and learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

The facts of the case are that this petitioner is the partner in the GVS Balaji Chits (Tandur) Pvt.Limited, Tandur, Vikarabad District. A complaint was filed on 01.08.2022 with Tandur Police by the de facto complainant stating that Accused No.1 who is Gangishetty Srinivasulu is the managing director and he had given business by way of making deposits to his chits customers and several investments were made, accordingly, during the course of

business Accused No.1 had requested depositing of amounts which were already done. In all the de facto complainant gave an amount of Rs.14,44,250/- to Accused No.1.

4.

Learned counsel for the petitioners submits that the transactions done by the company, the petitioner is no way involved. He submits that this Court by order dated 30.08.2022 granted anticipatory bail to Accused Nos.2 and 4 in Crl.Petition No.7493 of 2022.

5.

Learned Assistant Public Prosecutor submits that the case is under investigation and her presence is required. 6.

As seen from the complaint, except mentioning that Accused No.1/Gangishetty Srinivasulu and his partner have cheated the chit subscribers and depositors, there is no averment in the entire complaint regarding the role played by this petitioner. Since the de facto complainant has leveled all the allegations against Accused No.1 and not a single transaction is stated regarding this petitioner, the petitioner can be granted the relief of anticipatory bail. 7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.3 shall be enlarged on bail in the event of her arrest subject to the following conditions:

i) The petitioner/Accused No.3 is directed to surrender before the Station House Officer, Tandur Town Police Station, Vikarabad District within ten days from today, and on such surrender, she shall be enlarged on bail on her executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties to the like sum each, to its satisfaction.

ii) The petitioner/Accused No.3 shall appear before the investigating authorities as and when required for the purpose of investigation.

iii) The petitioner/Accused No.3 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 28.10.2022 ns