Kancharla Upendra, v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14908 of 2025 ORDER:

This Criminal Petition is filed seeking the Court to enlarge the petitioner on bail, who is arrayed as accused in FIR No.72 of of EOW Cyberabad Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 318(4), 316(2), 61(2) of the BNS and Section 5 of the TSPDFEA, 1999.

2.

The brief facts of the case are that the de-facto complainant lodged a report before the police stating that he invested the amount in M/s SSLS Real Estate business to the tune of Rs.19,40,25,084/- by way of transfer to the account of accused, thereafter, the same was not returned and the MOU's have been entered between the parties and issued cheques to the investors. However, the accused failed to honor their commitments by misappropriating the invested funds and thereby cheated the victims. Hence, he requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences.

3.

Heard Sri C. Lalith Kumar Reddy, learned counsel appearing for the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that, in fact, the de-facto complainant not invested any amount in the SSLS real estate business and he is innocent of the alleged offences. It is further submitted that, even according to the de-facto complainant he invested in the SSLS creations and there is no business in the SSLS creations and it is a movie making and the said movie was not released and he entered into the MOU with the de-facto complainant and before the expiry of the MOU, the de-facto complainant lodged a report before the police and he is in jail from 15.10.2025 and the material part of the investigation was already completed and there is no need to continue to incarceration of the petitioner in the jail. Therefore, he prayed the Court to grant 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 and the huge amount is involved in this case. Further, the investigation was not yet completed. Therefore, he prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both the learned counsel and upon a perusal of the material available on record, the petitioner is in jail from 15.10.2025 and as seen from the record, MOU was entered by the de-facto complainant and the petitioner on 05.08.2025 and the time mentioned in the MOU is three months, whereas, he lodged a report before the police on 29.09.2025. Considering the facts and circumstances of the case, including the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to grant bail to the petitioner/accused, subject to the following conditions:

i.

The petitioner/accused shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Ranga Reddy District, at L.B.

Nagar.

ii.

The petitioner/accused shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner/accused shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 21.11.2025 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14908 of 2025 Date: 21.11.2025 TU