Criminal petition for anticipatory bail under Section 438 Cr.P.C. in a commercial dispute involving cheques. Court considered arguments and the nature of the dispute.
Direction to Investigating Officer to issue notice under Section 41-A Cr.P.C. and follow Arnesh Kumar guidelines; Case disposed.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR. JUSTICE G.RADHA RAN!
CRIMINAL PETITION NO: 1075 OF 2024
Between:
Katta Gopi, S/o. Naidu, Aged about 42 years, Occ Business, No. 12- 144, Adarsh Nagar, Opp. IDPL Colony, Balanagar Hyderabad - 500 055.
... PETIT]ONERYACCUSED
AND
The State of Telangana, Rep. by its through P.P, Rep by P. S. , Keshavapatnam, Shankarapatnam Mandal, Karimnagar District.
...RESPONDENT/COM PLAINANT
Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner in connection with case in Crime No. 130 of 2022 registered by PS, Keshavapatnam, Keshavapatnam Mandal, Karimnagar District in the interest ofjustice
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C V Bhanoji Ramars, Advocate for the Petitioner and the Public Prosecutor on behalf of the Sole Respondent
The Court made the following: ORDER
TIIE HONOURABLE DR.JUSTICE G. RADHA RAI{I
CRIMINAL PETITION No.1075 of 2024
ORDER:
This criminal Petition is frled by the petitioner - accused under Secti,rn 43g of code of criminal Procedure (for short "cr.p.c.) for grant of anticipatory bail in crime No.130 of 2022 of PS Keshavapatnam, Karimnagar District, registered for the offences punishable under Sections 290, 384, 406, 420 and 506 of Indian penal Code.
.::
7
Dr.GRR, J cxlp _1075_2024
petitioner/accused. Later on, the petitioner/accused stopped supply of Ferric Alum, misused the cheques and also abused and threatened the complainant with dire consequences.
3
DI.GRR.J crtp-1('?5-2024
.retween
7 . Consideringthe submissionsof both the counsel and as the disPute ' thepartiesappearsto be civil in nature and as all the offences alleged aglinst thel petitionerare punishablewith less than seven (07 ) years of imprisonm:nt' it is consideredfit to give a direction to the Investigating officer to issue noticeto the petitioner/accusedunder Section 41-A of Cr'P'Cand to followthe guidelines issued bythe Hon'ble Apex Court '4r nesh Kumar v' State of Bihar'scrupulously'
'(zota)s scc zl3
4
Dr.GR\ J crtp_1075_2024
As a sequel, miscellaneous applications pending in this petition if any shall
stand closed
SD/- V KAVITHA ASSISTANT REGISTRAR
/ITRUE COPY//
SECTION OFFICER
To,
AA
KMS
(
HIGH COURT
GRR, J
DATED: 0910212024
ORDER
CRLP.No.1075 of 2024
a
I ooJ 21 ttB ?fi1
* t.
t .,':/
THE CRIMINAL PETITION IS DISPOSED OFF
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C in a dispute involving cheques and breach of agreement.
Whether the investigating officer should issue notice under Section 41-A Cr.P.C. instead of arresting the accused.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharRelied on¶31
Arnesh Kumar v. State of Bihar
2 provisions across 1 enactments
Katta Gopi
The State of Telangana
G. RADHA RAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
