Prakash Gujrathi v. The State Of Telangana

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10903 OF 2017 ORDER:

Heard learned counsel for the petitioner/A.2 and learned Additional Public Prosecutor for the respondent State, and perused the record.

This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner/A.2 in Crime No.186 of 2016 of Bhainsa Police Station, Adilabad District, for the offence punishable under Section 420 IPC.

Learned counsel for the petitioner/A.2 would submit that the dispute between the parties is civil in nature. The case of the prosecution is totally false and ultimately prayed to allow the petition.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/A.2.

It is brought to the notice of this Court that the original vendor Bompally Bhojanna expired on 10.02.2016. Knowing fully well, the petitioner in order to cheat the de facto complainant, executed and registered in her favour, the document No.1078 of 2016 on 19.03.2016 in the office of Sub-Registrar, Bhainsa, as the GPA holder of the deceased. The allegations are grave. There is also severe punishment prescribed for the alleged offence. The matter requires thorough investigation. Release of petitioner under Section 438 Cr.P.C. would hinder the investigation. There is every possibility of winning over the witnesses and tampering the record. Therefore, it is not a fit case to grant bail to the petitioner/A.2 under Section 438 Cr.P.C.

In the result, the Criminal Petition is dismissed. ____________________________ Dr. SHAMEEM AKTHER, J 16th NOVEMBER, 2017.

ssp