Ch. Gangadhar v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.3187 OF 2017 ORDER:

This Criminal Petition under Sections 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to enlarge the petitioner/ A-2 on pre-arrest bail, he is apprehending arrest in connection with Crime No.109 of of Police Station, Halia,Nalgonda District, registered for the offence punishable under Section 420 of IPC.

One Rebally Venu who completed his graduation and carrying on fast food centre business, searching for employment and he contacted one Vadde Satish Reddy son of Gopal Reddy, resident of Halia village who promised to provide employment on payment of Rs.6 lakhs as he had acquaintance with one employee in Chief Minister Peshi and accordingly, the said Venu paid Rs.1,50,000/ - on 01.10.2016 at his fast food centre and later paid Rs.4,50,000/ - in two instalments about four months ago and thus, he paid total amount of Rs.6 lakhs to V.Satish Reddy. Thereafter, he demanded for providing employment, but he did not respond to his demand and later, he came to know that Sandeep Reddy, Ramachandra Reddy, Vadde Venkatesh, Ramavath Jyothi, Kilari Saidulu and Nagendra Kumar collected Rs.40 lakhs from various unemployed youth, requested to take necessary action against Vadde Satish Reddy and Palreddy Krishna Reddy who collected the amount from the de facto complainant and others.

During investigation, the police arrested the said Satish Reddy and during interrogation he made confession about the payment of amount, he again transferred to the account of the petitioner for providing employment and to supply one LED TV etc. and all details including bank account particulars are furnished as to how the amount was transferred to them. Therefore, on the strength of the confession, this petitioner is also arrayed as accused in the above crime.

The main contention of the petitioner is that there was no reference about the role played by the petitioner in the entire complaint, but based on the alleged confession made by A-4, crime is registered against this petitioner and apart from filing I.P. before the City Civil Court also shows that there were financial transactions between A-4 and Gangadhar, petitioner herein, but implicated him unnecessarily in the above crime. The learned Public Prosecutor contended that the investigation is not completed and based on the confession of coaccused, police registered a case against the petitioner and during further investigation there is possibility of collecting necessary material against the petitioner and at this stage, the petitioner cannot be enlarged on pre-arrest bail.

Undisputedly, the petitioner is an employee, whereas Satish Reddy and Krishna Reddy are not the employees and they allegedly collected huge amount from unemployed youth promising to provide employment through the persons working in Chief Minister Peshi. Undisputedly, the role played by this petitioner

was not narrated in the complaint. But, he is the man who is behind Satish Reddy and Krishna Reddy and is only a middleman allegedly collecting the amount. As the investigation is at foetus stage, it is difficult for me to accept that the petitioner did commit no offence at this stage. In case, the petitioner is enlarged on pre-arrest bail, there is every possibility of interfering with further investigation being an employee in the government. Hence, I find no ground to enlarge the petitioner on pre-arrest bail, consequently, the petition is liable to be dismissed.

In the result, the criminal petition is dismissed. Consequently, miscellaneous applications pending if any, shall also stand dismissed.

____________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:26.04.2017 ccm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.3187 OF 2017 Date:26.04.2017 ccm