Ramavath Swamy Nayak v. The Sate Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16198 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 in Crime No.1525 of 2024 of Hayathnagar Police Station, Rachakonda.

2.

The brief facts of the case are that though the de-facto complainant is the absolute owner and possessor of the subject property i.e., Plot No.430 admeasuring 200 square yards in Survey Nos.183, 186, 187, 188 and 193 of Gandicheruvu, Koheda Village, Hyathnagar Mandal, Ranga Reddy District, the accused persons sold the subject property in favour of the parties with forged and fabricated documents by impersonating the de-facto complainant. Hence, a case was registered vide Crime No.1525 of 2024 before the Hayathnagar Police, Rachakonda, for the offences punishable under Sections 419, 420, 468 and 471 read with 34 of the IPC. 3.

Heard Sri Mallipeddi Srinivas Reddy, 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 is innocent and he is no way concerned with the alleged offences. He further submitted though there is no corroborative evidence, the petitioner was implicated in the case with false and fabricated allegations. He also submitted that the petitioner is resident of Achampet, Nagarkurnool District and is willing to furnish sureties as directed. 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 the investigation is not yet completed, 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 except omnibus allegations, there are specific allegations against the petitioner. It is pertinent to note that material part of the investigation is completed. 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.

Hayathnagar, Rachakonda, 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: 07.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16198 of 2024 Date: 07.01.2025 gms