Marriboina Venkaiah v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16001 of 2025 DATE: 11.12.2025 BETWEEN:

Marriboina Venkaiah and another .....petitioners/accused Nos.9 and 15 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioners who are arrayed as accused Nos.9 and 15 in FIR.No.42 of 2013 on the file of the Dornakal Police Station, Warangal Rural District, for the

offences punishable under Section 420 of IPC, Sections 3 and 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (for short, 'APPDFE Act'). 2.

The case of the prosecution in brief is that, the de-facto complainant lodged a report on 20.03.2013 with the police stating that he has deposited amount in M/s. Akshaya Gold, Farms & Villas India Limited, which allegedly floated various deposit schemes promising lucrative interest rates. The complainant joined the scheme and paid the amount as per the agreement. However, after completing the stipulated period, the accused persons failed to fulfill the conditions of agreement or return the bond amount, despite repeated demands. The complainant alleged that the accused persons acted with dishonest intention, cheating him by avoiding the agreement's terms. Based on this complaint, the police registered crime for the offences as alleged. Aggrieved thereby, this Criminal Petition is filed.

3.

Heard Sri Syed Khader Mastan, learned counsel for the petitioners and Sri Arun Kumar Doddla, learned Additional Public Prosecutor, appearing for respondent - State.

4.

Learned counsel for petitioners submitted that the petitioners are innocent and have been falsely implicated in the case and that the complaint pertains to the year 2013, and the investigation has already been concluded and that the prime accused have been arrested, and therefore, custodial interrogation of the petitioners is neither necessary nor justified at this stage. Therefore, he prayed this Court to allow the Criminal Petition, granting the relief of anticipatory bail to the petitioners.

5.

On the other hand, the learned Additional Public Prosecutor, vehemently opposed the submissions made by learned counsel for petitioners and contended that the petitioners played a pivotal role in collecting substantial amounts of money from a large number of victims, thereby indicating their active involvement in the alleged offence. He further submitted that the allegations against the petitioners are grave and serious in nature, warranting their custodial interrogation to facilitate further investigation. Therefore, prayed this Court to dismiss the Criminal Petition. 6.

Having considered the rival submissions of both parties and upon perusal of the material placed on record, it is

observed that the alleged offence pertains to the year 2013. The prime accused have already been arrested and subsequently released on bail. Despite the lapse of over twelve years, there has been no substantial progress in the investigation, and notably, the charge sheet has not yet been filed. In view of the prolonged delay and considering the overall facts and circumstances of the case, this Court deems it fit to dismiss the case against petitioners pre-arrest bail is granted to them subject to compliance of the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Dornakal Police Station, Warangal (Rural) District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail, on petitioners executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, for the like sum each.

ii.

The petitioners 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.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 11.12.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16001 of 2025 Date: 11.12.2025 SAI