Mr.Kovela Bikshander Swamy v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.1567 of 2016 ORDER :

The petitioner, who is the sole accused in Crime No.32 of 2015 of Kamalapur Police station, Karimnagar District, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime, which was registered for the offences punishable under Sections 420 and 468 IPC.

The case of the prosecution is that on instructions of the Revenue Divisional Officer, Karimnagar, the Tahsildar, Veenavanka, conducted search of the house of the petitioner, who is a retired Deputy Tahsildar, and found pattadar pass books/title deeds, revenue records, files related to claims filed in Form-10 for validation of simple un-registered sale deeds, government land assignment proceedings, acquittance relating to payment of honorarium of SECC, assignment applications and Form-6 claims relating to the villages/Tahsildar's offices of Bheemdevarpalli, Shankarapatnam, Elkaturthi and Huzurabad Mandals. Basing on the said search and seizure the present report came to be filed.

Learned counsel for the petitioner submits that the petitioner is innocent of the offences and the documents which are seized from the house of the petitioner are only Xerox copies which were used for rendering legal opinion. It is his case that because of differences between the petitioner and the officers in service, the present report came to be lodged.

A perusal of the material on record would show that as many as 117 documents relating to I.B.extract, pattadar pass books, title deeds, ROR records etc. of various Mandals came to be seized from the house of the petitioner. It cannot be said that the petitioner was using all those documents for the purpose of giving legal opinion. Infact, the averments in the petition filed does not anywhere indicate that as to the purpose for

which those documents were used. Since the allegations in the report prima facie constitute the offences alleged, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner, if so, advised shall surrender before the Court concerned and make an application for regular bail, in which event the same shall be dealt with on merits in accordance with law on the same day or at the earliest. Accordingly, the Criminal Petition is dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 16.02.2016 gkv