The High Court dismissed a criminal petition filed under Section 438 Cr.P.C. seeking anticipatory bail. The petitioner, accused of cheating, requested time to surrender within February. Finding no inclination to grant bail due to non-cooperation, the petition was dismissed.
Petition for anticipatory bail dismissed; petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITto N NO:25 25 0F 2021
Between:
sa nd^e-ep Kaushik, s/o Arjun Kaushik, Aged about 33 years, - - occ Business, R/o. Frat No 2025, Sector 46, Gurgaon, Haryana State.-
...PETITIONER/ACCUSED No.2
AND
The state of reranoana,.Rep. by pubric prosecutor, High court for the State of Telangana At Hyde-rabad.
.RESPONDENT/COMPLAINANT
Petition u nder Sect in the Memora;;; "f c;:";33t"iffi": B:1[::,,?fj ll;i:Jjffilj;tfi::*3 to enlarge the petitioner / Accused No. 2 on anticipator/ bair in the Lr"ni or ni. arrest in cr. No. 299 0f z0]!.o1 the fire of the cyber crime porice sirtion,'c"ntrar Crime Station, WCO Team-Vll, Hyderabad .
This Petition coming on for hearing,upon perusing the tvlemorandum of Grounds of criminar petition and upon hearing the arguments of sri p. vISHNUVARDHANA REDDy ,Advocate for the petitioner and the Assistant pubric Prosecutor on behalf of the Respondent No1 .
The Court made the following: ORDER
THE HONORABLE SMT JUSTICE LALITHAKANNEGANTI
CRL.P.No.2525 of 2021
ORDER
Thispetition under Section438 Cr.P.C.is filed seeking bail to petitioner/A2 in the event of his arrest in connectionwith Cr'No.299 of 2018 of Cyber Crime PoliceStation, Central Crime Station,WCO Team- Vll, Hyderabad, registered forthe offencesunderSection66 C, D' l.T.A.AcI-20OB, Sections419, 420,120-BIPCand under Section5 of A.P. Protection of Depositors ofFinancial EstablishmentsAct, 1999.
\
4.LearnedAssistantPublicProsecutorsubmitsthatseveralcases were registered againstthe petitioneras he is involved in series of cases' and in one case,the petitionerwas grantedbail' but he could not even honour the conditionsin the said bail and that as the petitioneris residing inArmenia,thepolicecouldnotarresthimandtheyhavealreadyissued
LK. J Crl.P.No.2525 of2021
1
lookout circular. He submitsthat earlier,the petitioner has filed a quash petition in crl.P.No.6765 of 2019,wherein this court directedthe police to follow theprocedureunder Section 41-A Cr.P C , and the guidelines issued by the ApexCourtin ArneshKumar v' State of Bihar and anotherl, but thepetitionerhas never appeared beforethe policenor he has cooperated withthe investigation and hence' his casemay notbe considered for Pre-arrestbail.
7 Miscellaneouspetitions, if any, pending in this criminal petition
shall stand dismissed.
'AIR 2014sc2756 SD/.K.ONESIM ASSISTANTREGISTRAR
//TRUE COPY//
SECTIONOFFICER
*/-
HIGHCOURT
DATED:2111212021
ORDER
GRLP.No.2525of 2021
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DISMISSINGTHE CRIMINAL PETITION"
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2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner who resides abroad and has failed to cooperate with the investigation.
Whether the petitioner's history of evading bail conditions warrants denial of interim bail under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar v State of Bihar and anotherReferred¶24
Arnesh Kumar v State of Bihar and another
7 provisions across 4 enactments
sa nd se-ep Kaushik
The State of Telangana, Rep. by public prosecutor
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
