Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner on anticipatory bail in the event of his arrest in Crime No. 182/2019 of P.S. Narayanaguda, Hyderabad.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI. POLICE VENKAT REDDY Advocate for the Petitioner and ADDL. PUBLIC PROSECUTOR (TG) Advocate for the Respondent, the Court made the following.
The Order of the Court was delivered by
G. Sri Devi, J.:— This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioner/accused seeking anticipatory bail to him in Crime No. 182 of 2019 on the file of Narayanguda Police Station, Hyderabad District, registered for the offences under Sections 420 and 406 IPC.
2. It is alleged in the complaint that the petitioner/accused being Proprietor of M/s. Seven Hills Suvarnasri Credit Services, Hyderabad, came to the office of the de-facto complainant and mortgaged his plot Nos. 1 and 2, admeasuring 400 sq. yards, situated at Keesara Diara, which was purchased from Sri. Parvatala Kiran Kumar Reddy and Sri. Mohan Reddy vide Doc No. 2192/2017 dated 19.04.2019. However, as per Encumbrance No. 37176875 dated 14.02.2019, the said document was cancelled by the petitioner by keeping the executants i.e., Parvatala Kiran Kumar Reddy and Mohan Reddy, with a criminal intention and fraud and cheated the company by using forged document by suppressing the fact that the said property was already mortgaged to FIAFL and he has to pay an amount of Rs. 19,11,050/- to the said company.
3. Heard learned counsel for the petitioner/accused as well as the learned Additional Public Prosecutor appearing for respondent/State. Perused the material on record.
4. Learned counsel for the petitioner/accused submits that the de-facto complainant had never advanced any amount to the petitioner and that the petitioner had deposited the title deeds pertaining to his immovable property for collateral security to whom the finance company of the de-facto complainant advanced the amount through the petitioner's firm. He further submits that without the knowledge and consent of the petitioner, the representatives of the de-facto complainant had collected huge amounts with an intention to evade commission to him. He further submits that due to the assurance given by the de-facto complainant, the petitioner registered the firm and established office by investing huge amounts. He further submits that the dispute between the petitioner and the de-facto complainant is purely civil nature and the petitioner has been falsely implicated in the crime. He further submits that the petitioner has no criminal antecedents and he is a permanent resident of Dammaiguda, Keesara Mandal, Malkajgiri District and he shall abide by any condition imposed by this Court.
5. Learned Additional Public Prosecutor opposed the relief sought in the criminal petition.
6. As seen from the contents of the FIR, it seems that that the dispute between the parties is purely civil nature. Thus, in view of the nature of allegations leveled against the petitioner and other facts and circumstances, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/accused by imposing some conditions.
7. Accordingly, the Criminal Petition is allowed and the petitioner/accused is directed to surrender before the Station House Officer, Narayanguda Police Station, Hyderabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond for a sum of Rs. 15,0007- (Rupees fifteen thousand only) with two sureties for a like sum each to his satisfaction. Further, the petitioner/accused shall abide by the conditions stipulated in Section 438(2) Cr.P.C. and co-operate with the investigating officer in investigating the case.
8. As a sequel, miscellaneous petitions if any oending in the criminal petition, shall stand closed.
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