High Court for State of TelanganaCRLP/10645/2017allowed no costs

N.Rajender Reddy, v. The State Of Telangana

2017-11-17Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN :PRESENT:

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRLP .No. 10645 of 2017 Between:

N. Rajender Reddy, S/o. Sidda Reddy, aged about 47 years, Occ: Business, R/o. B-2, Sainikpuri, Kapra, Secunderabad.

B. Laxma Reddy, S/o. Late B.J. Reddy, aged about 49 years, Occ: Business, R/o. B-2, Sainikpuri, Kapra, Secunderabad.

..... Petitioners/ Accused No.2 & 3 AND The State of Telangana Through Public Prosecutor, High court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad. .....Respondent/ Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to enlarge the petitioners / Accused Nos.2 and 3 on Anticipatory Bail in the event of arrest in connection with Crime No.109 of 2017 of P.S. Bhanoor, Sangareddy District under Sections 120 (b), 406, 420, 506, R/w. 34 of IPC, 138 NI Act.

The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri Resu Mahender Reddy, Advocate for the petitioners/accused Nos.2 and 3 and of the learned Additional Public Prosecutor (TG) for the respondent-State, the Court made the following ORDER:

"This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.2 and 3, for grant of anticipatory bail in the event of their arrest in Crime No.109 of 2017 on the file of the Bhanoor Police Station, Sangareddy District, registered for the offences punishable under Sections 120-B, 406, 420, 506 read with Section 34 of I.P.C. and Section 138 of the Negotiable Instruments Act, 1881. Heard the learned counsel for the petitioners/accused Nos.2 and 3, learned Additional Public Prosecutor representing the respondent-State and perused the record.

The material available on record reveals that a sale deed was executed in favour of the petitioners/accused Nos.2 and 3 on 30.06.2010 in respect of agricultural lands measuring 50 acres situated at Edula Nagulapalli village, Ramachandrapuram Mandal, Medak District. The allegations are that the cheques were given by the accused No.1 were dishonoured and that the petitioners/accused Nos.2 and 3, who are the close followers of accused No.1,

- 2 - have alienated the above property in favour of third parties and thus they have cheated the de-facto complainant. The dispute appears to be civil in nature. Under these circumstances, this Court is inclined to grant bail to the petitioners/accused Nos.2 and 3 under Section 438 of Cr.P.C., on some conditions.

Accordingly, the petitioners/accused Nos.2 and 3 are directed to surrender before the Station House Officer, Bhanoor Police Station, Sangareddy District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Bhanoor Police Station, Sangareddy District, shall release the petitioners/accused Nos.2 and 3 on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to his satisfaction. After being released on bail, the petitioners/accused Nos.2 and 3 shall report before the Station House Officer, Bhanoor Police Station, Sangareddy District, on every Sunday between 09:00 AM and 10:00 AM, till filing of the chargesheet. The petitioners/accused Nos.

2 and 3 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer in the investigation of the case. The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To The Principal Sessions Judge, Medak at Sangareddy. The Judicial First Class Magistrate at Sangareddy. The Station House Officer, Bhanoor Police Station, Sangareddy District. One CC to Sri Resu Mahender Reddy, Advocate (OPUC) Two CCs to Public Prosecutor (TG), High Court of Judicature at Hyderabad. (OUT) One spare copy.

- 3 - HIGH COURT Dr.SA,J DATE: 17-11-2017

ORDER

CRL.P. NO. 10645 OF 2017 DIRECTION

- 4 - HIGH COURT Nnr Date of Drafting: 18-11-2017 Dr.SA,J DATE: 17-11-2017

ORDER

CRL.P. NO. 10645 OF 2017 DIRECTION