Chinnapelly Rajinikanth v. State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14459 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioner/accused in unregistered crime of KUC Police Station, Hanumakonda.

2.

The brief facts of the case are that while the petitioner was working as Accountant at Adarsha Law College, Hanumakonda, one Bura Vidyasagar, the Secretary of Adarsha Law College (Sagar Education Society), along with others, alleged that the petitioner has misappropriated the funds of the college. Due to the said false allegations, the petitioner resigned from the post of Accountant at Adarsha Law College, on 23.07.2024. It is stated that on 05.11.2024, the petitioner received a call from the C.I. of POlice, KUC Police Station, summoning the petitioner to appear before the KUC Police Station.

3.

Heard Sri Sarampally Mrudula, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar

Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed any alleged offences during his tenure as an Accountant. He further submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He also submitted that that previously, bail application of the petitioner, vide Crl.M.P.No.436 of 2024, was dismissed by the Principal Sessions Judge at Hanumakonda, on 13.11.2024, without valid reasons. Hence, he prayed the Court to grant anticipatory bail to the petitioner. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that except the apprehension of the petitioner, no crime was registered in his name, therefore, granting anticipatory bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, it is apparent that the written objections filed by the Inspector of Police, KUC Police Station, clearly shows that the said Bura

Vidyasagar, filed a complaint against the petitioner and upon receipt of the such complaint, an alleged entry has been made in the relevant records against the petitioner. It is pertinent to note that on 05.11.2024, the petitioner received a call from the CI of Police, KUC Police Station, summoning him to appear before the KUC Police Station. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of P.S. KUC, Hanumakonda, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concerned Station House Officer on

every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 10.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14459 of 2024 Date: 10.12.2024 gms