In a criminal petition under Section 438 CrPC, the High Court of Telangana granted anticipatory bail to accused persons in a cheating case, subject to conditions including surrender within four weeks and cooperation with investigation.
Anticipatory bail granted; surrender required within four weeks; bond of Rs. 1 lakh with sureties.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENW ONE
:PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI
CRIMINAL PETITION NO: 4389 OF 2021
Between:
. ..Petitioners/Accused Nos.1 and 2
AND
...Respondent
...RespondenU Defacto Complainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Sole Accused on Anticipatory Bail in Crime No.4312021 , Dt'. 01-02-2021 of PS, Mancherial, in the event of their arrest.
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s RAPOLU BHASKAR Advocate for the Petitioners and of Assistant PUBLIC PROSECUTOR for the Respondent No.1 , the Court made the following.
ORDER:
/
THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PtrTITION NO.4389 oF 2021
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A- 1 and A-2 seeking to grant anticipatory bail in the event ol their arrest in connection with Crime No.43 of 2021 of P.S. Mancherial Town, Ramagundam, registered for the offence punishable under Section 42O ol the Indian Penal Code.
Heard the learned counsel appearing for the petitioners/A-1 and A-2, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
I-earned counsel for the petitioners/A- 1 and A-2 would submit that the petitioners are innocents of the offences alleged against them and have been falseiy implicated. The petitioners are having fixed abode and there is no question of absconding. It is further submitted that the petitioners/A- I and A-2 are willing to furnish suitable security and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the petitioners/A-l and A-2 be granted anticipatory bail.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners/A- 1 and A-2.
Looking into the nature of allegations and the other facts and circumstances, without adverting into the merits of rhe same, I am inclined to release the petitioners on anticipatory bai1.
2
The Criminal Petition is allowed and the petitioners/A-1 and
A-2 are granted anticipatory bail subject to the following terms and conditions:
closed.
sD/- v.suDHA IL*SISTAIITREGISTRAR --)
//TRUE COPY//
SECTI N OFFICER
To,
HIGH COURT
GSDJ
DATED:03/0812021
ORDER
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CRLP.No.4389of 2021
BAIL
2 issues framed by the court
Whether anticipatory bail can be granted to petitioners falsely implicated in cheating offence.
What conditions to impose on grant of anticipatory bail for fair investigation.
2 provisions across 1 enactments
Chinthapandu Suresh
Kashetti Praveen
The State of Telangana
Vempati Amarnath Reddy
G Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
