Allowed

G.G.K.Raju, v. The State of Andhra Pradesh

Telangana HC27 Sept 2013CRLP/10479/2013

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 438 CrPC granting anticipatory bail to the petitioner accused of cheating and forgery. The court held the dispute to be predominantly civil in nature based on the admission of guilt by the accused.

What did the court decide?

Petitioner to surrender within 20 days to be enlarged on personal bond of Rs.10,000 with two sureties of similar sum.

G.G.K.Raju, Vs The State of Andhra Pradesh — Contract and Commercial Disputes | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

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FRIDAY , THE TWENTY SEVENTH DAY OF SEPTEMBER, TWO THOUSAND AND THIRTEEN

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:PRESENT:

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRLP .No.10479 of 2013

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Between:G.G.K. Raju S/o. Narayan Raju.

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..... Petitioner/Accused in Cr.No. 241 of 2013 On the file of K.P.H.B. Police Station, Cyberabad.

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AND

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1.The State of Andhra Pradesh, rep. through Station House Officer, Police Station, KPHB Colony, Cyberabad.

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2.State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A.P., Hyderabad.

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.....Respondent/ Complainant. Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 241 of 2013 of P.S. KPHB Colony, Cyberabad..

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The petition coming on for hearing, upon perusing the Petition and the Memo of Grounds filed herein, and upon hearing the arguments of SRI J. PRABHAKAR, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of respondent-State, the Court made the following ORDER :-

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“This criminal petition, under Section 438 of Cr.P.C., is filed by the petitioner-A1 seeking anticipatory bail in connection with Cr.No.241 of 2013 of K.P.H.B. Colony Police Station, Cyberabad for the offences punishable under Sections 420, 406, 468, 471 & 120-B of IPC read with Section 156(3) of Cr.P.C.

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Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor representing the respondent-State.

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The brief facts of the case are that the de facto complainant purchased a plot and constructed a house therein in the year 1998 and left for U.S.A in 2012. It is alleged that the accused broke open the lock and trespassed into the said house. The accused claims to have purchased the house in the name of his daughter in the year 1996 from some others. The crucial aspect is that the de facto complainant informed the accused about the illegal occupation of the house in the year 2000 itself and the accused admitted his guilt. Basing on the complaint filed by the de facto complainant, a case in Cr.No.241 of 2013 of KPHB Colony Police Station, Cyberabad was registered against the accused for the aforesaid offences.

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A perusal of the entire material shows that the complaint is filed on 05.02.2013. Predominantly, the dispute seems to be a civil dispute. Thus, considering the nature of the dispute, I am inclined to grant anticipatory bail to the petitioner in this case.

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Contd..2..

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- 2 -

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Accordingly, the criminal petition is allowed and the petitioner-A1 is directed to surrender herself before the Station House Officer, K.P.H.B. Colony, Cyberabad within twenty days from today and on such surrender, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the same Station House Officer.

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ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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1.The XIX Metropolitan Magistrate, Ranga Reddy District at Cyberabad. 2.The Station House Officer, K.P.H.B. Colony Police Station, Cyberabad. 3.Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT) 4.One CC to Sri J. PRABHAKAR, Advocate (OPUC) 5.One spare copy

TKK

HIGH COURT

RKR.J

DATE: 27-09-2013

ANTICIPATORY BAIL ORDER

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CRL.P. No. 10479 of 2013

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BAIL GRANTED

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DRAFTED BY TKK DT.27-09-2013.

HIGH COURT

RKR.J

DATE: 27-09-2013

ANTICIPATORY BAIL ORDER

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CRL.P. No. 10479 of 2013

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BAIL GRANTED

G.G.K.Raju, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

G.G.K.Raju, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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