Dharna Mallaiah v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13121 OF 2025 ORDER :
This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.1 seeking anticipatory bail in the event of his arrest in connection with FIR No.251 of 2025 of Chikkadpally Police Station, Hyderabad. The offences alleged against the petitioner are under Sections 467, 468, 471, 420 and 419 of Indian Penal Code (for short 'IPC').
2.
The brief facts of the case are that on 12.09.2025, the defacto complainant lodged a report before the Police stating that he subscribed to a chit maintained by Padmashali Welfare Association, he was introduced to this Particular Chit group by one Sri Tumma Madhava Rao. He joined the chit group and paid the subscription amount of Rs.17,700/- per month, regularly for a period of 25 months i.e., until close of the chit period and while entering in the chit group, he gave blank cheques bearing Nos.744161 to 744164 of Indian Overseas Bank, Chikkadpally to the President of the society Sri D. Mallaiah for the purpose of surety for the Chit Group and after
- 2 - the closure of the chit, the cheques were already given to the person who introduced him to the chit group. This discloses that there is larger conspiracy among the named accused herein to illegally en-cash the blank cheques given by him for surety towards a chit group to unjustly enrich themselves and it is clear that one Tumma Madhava Rao in not giving back the cheques to him after the closure of the Chit Group, his actions in postponing the issue and the subsequent attempts to en-cash the said cheques in Chennai is a clear case of cheating against him at the hands of Tumma Madhava Rao, Nalli Vishwanath, Karthik Vishwanath, Konagali Swapna Sony, Konagali Narasaiah and D.Mallaiah who acted in Criminal conspiracy with a common intention to cheat him and illegally benefit from the blank cheques in their possession and the same are to be returned to him lawfully as soon as the closure of the chit group. Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case against the accused for the said offences. 3.
Heard Sri G. M. Ravi Kumar, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State.
- 3 - 4.
Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences. It is further submitted that there are no ingredients to attract the offence punishable under Section 467 of IPC, the petitioner herein is no way connected with the chit group. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature though he is no way connected with the chit group. Therefore, he prayed the Court to dismiss the criminal petition.
6.
In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the complainant gave blank cheques to the President of society one Sri D. Mallaiah for the purpose of surety for the Chit Group and he inturn returned the same to T. Madhava Rao, after closure of the chit and he tried to en-cash the blank cheques. Prima facie, there are no ingredients to constitute the offence punishable under Section 467 of the IPC.
- 4 - Considering the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to the following conditions:
i.
The petitioner/A.1 shall surrender before the Station House Officer, Chikkadpally Police Station, Hyderabad District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for the like sum each.
ii.
The petitioner/A.1 shall appear before the concerned investigating officer on every Monday between 09.00 a.m and 5.00 p.m., till filing of the charge sheet and thereafter, as and when required.
iii.
The petitioner/A.1 shall abide by the other conditions stipulated in Section 482(2) of BNSS and co-operate with the Investigating Officer in investigating the case.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date :15.10.2025 Rds
- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13121 OF 2025 DATE :15.10.2025 Rds