K.Samuel Raju v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Criminal Petition Nos.8747 & 8748 of 2018 COMMON ORDER:

The petitioner is one of the accused in Crime Nos.14 & 15 of 2018 on the file of the Mahankali Police Station, Hyderabad. The respective crimes are registered for the offences punishable under Sections 468, 471, 406 & 420 IPC.

2.

It is from the report of the Assistant General Manager, State Bank of India, Commercial Branch, Surya Towers, Secunderabad alleging one P.V. Ravi Kumar and N. Anand John Benhur Babu respectively approached the complainant Bank to avail the housing loan and furnished the original Sale Deed pertaining to Flat No.25, Hill View Apartments, M.J.Colony, Moula Ali, Hyderabad and on verification of the documents the Bank sanctioned Rs.30,00,000/- to P.V.Ravi Kumar and Rs.35,00,000/- to N.Anand John Benhur Babu and on mortgage of the premises the loan was disbursed by remitting the major portion of the amounts to the account of the builder. It is ultimately found that the so-called document created for mortgage is a fake one and the petitioner is the so-called pretended builder as can be seen from the case diary.

3.

Though it is the contention of learned counsel for the petitioner that the petitioner is innocent and is falsely implicated, the same is not tenable. The petitioner is undisputedly involved in another Crime No.622 of 2017 on the file of Malkajgiri Police Station, Hyderabad

Dr. SSRB, J Crl. P.Nos.8747 & 8748 of 2018 for similar offences and as submitted by the learned Additional Public Prosecutor the petitioner is involved in total six cases of similar nature.

4.

Having regard to the above, the petitioner-accused is not entitled to the concession of anticipatory bail, but for to say for none of the offences are punishable above seven years, the petitioneraccused is entitled to the protection of Section 41-A Cr.P.C. and the Police to follow Section 41-A Cr.P.C.

Accordingly, these Criminal Petitions are disposed of rather than dismissal.

____________________________ Dr. B. SIVA SANKARA RAO, J 30.08.2018 MVA