✦ High Court of India · 11 Feb 2025

The High Court · 2025

Case Details High Court of India · 11 Feb 2025
Court
High Court of India
Decided
11 Feb 2025
Bench
Not available
Length
1,098 words

'1 . State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad, Telangana.

2. R.Ravi Kumar, S/o Dr. tN. RaghavendraRao, Aged about.56 years, Occ: Private employee, Fl/o MIG-406,15 Phase, Flat No.G-5, Bhavya Enclave, KPHB Colony Phase lV, KPHB Colony, IValkajgiri District, Telangana ...RespondenUComplainant Petition under Section 482 BNSS 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/Accused, in the event of arrest in the above Crime FIR No. 1064 of 2024 of Dundigal Police Station, CyberabadCommissionerate, in the Hon'ble Vlll Metropolitan Magistrate Cyberabad at Medchal Malkajgiri District, on such condition or conditions as this Hon'ble Court may deem fit and proper, in the interest of justice. This Petition coming on for hearing, upon perusing the ft/emorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. Kolli Ganapathi, Advocate for the Petitioner and the Additional Public Prosecutoron behalf of the Respondent No.'1 and None Appeared for the Respondent No.2. I I I Criminal Petition Nc!.11!ZofAE Between: Sri Poornima Chebrolu, Wo. SrinivasChebrolu, Aged 39 years, Occ: Business, Rio. Plot No.43, Flat No.64, BhanuNilayam, Road No.9, Opp: Suryodaya Green Space, Mallampet, Bachupally, Malkajgiri District, Telangana-500090. ,..Petitioner/Accused AND 'l . State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad, Telangana.

2. R.Ravi Kumar, S/o Dr. N. Raghavendra Rao, Aged about. 56 years, Occ: Private employee, Rl/o MIG-406,1"' Phase, Flat No.G-S, Bhavya Enclave, KPHB Colony Phase lV, KPHB Colony, Malkajgiri District, Telangana. ...RespondenUComplainant Petition under Section 482 of BNSS 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/Accused, in the event of arrest in the above Crime FIR No. 1064 of 2024 of Dundigal Police Station, Cyberabad Commissionerate, in the Hon'ble Vlll Metropolitan Magistrate Cyberabad at Medchal Malkajgiri District, on such condition or conditions as this Hon'ble Court may deem fit and proper, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. Kolli Ganapathi, Advocate for the Petitioner and the Additional Public Prosecutoron behalf of the Respondent No.'1 and None Appeared for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION Nos.1187 AND 1192 of 2o25 COMMON ORDER: These Criminal Petitions are filed, seeking the Court to grant anticipatory bail to the petitioners/A. 1 and A.2 respectively who are accused in Crime No.1O64 of 2024 of Dindigal Police Station, Cyberabad Commissionerate. The offences alleged against the petitioners are under Sections 319 (2), 318 (4), 3s8, 336 (3), s4o (21 r/w.3 (5) of Bharatiya Nyaya Sanhita, 2023.

2. The case of the prosecution is that the defacto complainant lodged a complaint belore police on 16.12.2024 stating that while he was searching for plots in Mallampet area, he came into contact with a local resident Mr. Rakesh who posed to be a builder and working for land owner Mrs. Poornima. Subsequenfly, A.2 met him and presented a document registered at Sub-Registrar office and she informed him that her sister owned land and she intends to sell it and showed him a land and the complainant proceeded to purchase the same. Subsequently, the petitioners registered t I 2 167 Sq. yards of land in the name of defacto complainant and his wife on 23.1 1.2024 and they paid Rs.75,15,O0O/- for the above land. Thereafter, the defacto complainant came to know that petitioners have impersonated.the'original owners and executcd the document fraudulently and created fake Governmenl identifications. As such, requested the police to take necessary action against the accused. Basing on the same police registered the case against the accused.

3. Heard Sri Kolli Ganapathi, learned counsel for the petitioners and Learned Additional Public Prosecutor, appearing lor the respondent-State.

4. The contention of learned counsel for the petitioners is that petitioners are innocent of the alleged offences, the allegations are baseless and crime is registered only to blackmail the petitioners herein. The entire registration process at Sub-Registrar office is in conformity with the pre- system verified and pre-authenticated online with Aadhars, thumb impressions, pan cards etc. There is no scope of impersonation, creating forged and fake documents. Therefore, there is no force in the contentions raised by the 3 defacto complainant and that the petitioners wili cooperate with the investigating oflicer. As such, prayed this Court to grant anticipatory bail to the petitioners.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that petitioners herein are previously involved in other crimes. A.2 with tJle help of other accused executed fake registered sale deeds and if bail is granted to the petitioners, they will not cooperate with the investigation and they may threaten witnesses. As huge amount is involved in this case it has to be recovered. Therefore, custodial interrogation is necessary. As such, prayed to dismiss these bail applications.

6. Considering the submissions made by both the counsel and the material on record, it is seen that the allegations levelled against these petitioners are serious in nature and not only this case, petitioners are involved in similar offences of forging of documents, thereby cheated innocent victims and huge amount is involved in this case. A'1 is involved in 8 cases and A.2 is involved in 2 cases. As such petitioners are not entitled for anticipatory bail. I i I 4 ,a

7. Accordingly, both the Criminal petitions are dismissed Miscellaneous applications, if any pending, shall stand closed To, i/TRUE COPY// Sd/- T. TIRUMALA DEVI ASSISTANT REGISTRAR SE:CTION OFFICER

1. The Vlll Metropolitan Magistrate cyberabad at Medchal Malkajgiri District, 2. The Station House officer, Dundigal Police Station, Cyberabad District. 3. Two CCs to the Public Prosecutor, High court for the state of Telangana at Hyderabad. [OUT]

4. One CC to lr/l/s Kolli Ganapathi, Advocate IOPUC] 5. Two CD CoPies -w HIGH COURT DATED: 1110212025 COMMON ORDER CRLP.Nos.1187 & 1192 oI 2025 ( t (J SEt{1 T4 re BPA M 1 6 a pA1 s c .t DISMISSING OF THE CRIMINAL PETITIONS g ."fd &."

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