Bollam Venkateshwarlu v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 10277 OF 2021 O R D E R:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioner - Accused seeking bail in the event of his arrest in connection with Crime No. 384 of 2021 on the file of Nalgonda I Town Police Station registered for the offences punishable under Sections 307, 354, 406, 504 and 506 IPC. 2.

The case of prosecution is that on 25.09.2021, at 19.30 hours, complainant reported to police that she entered into an agreement with petitioner in 2017 to purchase two acres of land for Rs.24 lacs and accordingly, she paid certain amounts to him, however, petitioner did not register the land. While so, on 05.11.2021, at about 05.30 p.m., complainant and her son went to the house of petitioner, where he threatened them and tried to kill them with knife, but both of them escaped. 3.

Learned counsel for petitioner Sri P. Sri Harsha Reddy submits that even as per the complaint, entire dispute between the parties is purely civil in nature. He further submits that it is the case of de facto complainant that petitioner having received the amount, failed to register the land in her name. It is stated that to give a colour to civil dispute, certain allegations were made and got the report registered to mount pressure on petitioner. He submits that even as per the medical report, except complaint of pain, swelling on back and tenderness on neck, de facto complainant has not sustained any injuries,

hence, the case of petitioner may be considered for grant of pre-arrest bail.

4.

Learned Assistant Public Prosecutor submits that in view of the civil disputes between the parties, petitioner attacked the de facto complaint and caused injuries. He further submits that so far, four witnesses were examined and investigation is still pending and in view of the allegations levelled against petitioner, he is not entitled for grant of pre-arrest bail. 5.

Taking into consideration the allegations in the compliant which show that civil disputes are pending between the parties and admittedly, de facto complainant has not sustained any injury, this Court deems it appropriate to grant pre-arrest bail to him.

5.

Accordingly, this Criminal Petition is allowed. Petitioner - Accused shall surrender before the Station House Officer, Nalgonda I Town Police Station in connection with Crime No. 384 of 2021 within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, he shall be released on bail. It is made clear that no further extension of time will be granted.

___________________________ LALITHA KANNEGANTI, J 07th January 2022 ksld