The High Court · 2025
Case Details
Acts & Sections
2. Sri. Gone Srinivas, S/o Narsaiah, Age.32, Occ.Carpenter, R/o, Dilwapur Village, Khanapur (M) Nirmal District. ... RE S PON DE NT/COM PI.AI NANTS Petition under Section 437143814391482 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 direct the Respondent Police to enlarge the Petitioner/Accused No. 3 on bail in the event of his arrest in FIR No. 40 oI 2024, on the file of PS ClD, Hyderabad. This Petition coming on for hearing ,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argumenls of Sri KARAM CHANDU KOMIREDDY ,Advocate for the Petitioners and the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 The Court made the following: OROER j ORDER: THE HONOURABLE SMT. JUSTICE K. SUJAITA CRIMIITAL PETITIO If No.2361 ol 2O25 This Criminal Petition is filed by the petitioner for grant of pre-arrest bail. The petitioner is accused No.3 in Crime No.40 of 2024 of CID Police Station, TG, Hyderabad. The offences registered against the petitioner are under Sections 42O,37O (3), 406, 4O9, 411,419,467,471, 12O-B of Indian Pena.l Code ancl under Section 24 (1) (b) (g) of Emigration Act, 1983.
2. The case of the prosecution is that the dr:lacto complainant Iodged a report on 07.O3-2O24 before the policc stating that in the yeal. 2022 himself and another person were lurecl irrto :r foreign job at Malta, a lluropean Country Abroad Study Ptan, ol Kukatpall_y by Ghanta Anil and Ghanta Sunil (A. I and A.2). Thr:r' informcd them that the fee for each person is Rs.S lakhs and ttrev troth paicl Rs. I lakh each in cash ot 13.08.2022. As there rv:rs n() l)rogress, even after six months, they asked to repay their morrerr'. they dclayed and firnally in July, 2023 the accused called thc complainant and another person, and informed that they got iob i)pportunity in 2 Terrence Zemut Mckeon and asked the defacto complainalt and another for more money and they paid Rs.l lakh each and to pay the remaining amount after receiving the original documents, accordingly, they paid Rs. 5 lakhs by 25.09.2023 in several instalments. On 08.10.2023 the accused told the defacto complainant and another Person that there were few jobs at Malta artd that tJ:e accused are proccssing for LaMa Country, as such, the defacto complainant and another went to Latvia Country, but they did not get any work and stayed there 12 days without work. When the defacto complainant and another asked Ganta Anil Kumar (A.1), he replied that they nced TRC Card for which it will take three months time and gave evasive replies that it will take six months for Malta and have to bear their own expenses. Hence, they returned to India and u'hen questioned the accused, they threatened them. Hence, requested the policc to take necessary action against the accused. Basing on the said complaint, the police registered the case against the accused for the above o{fences. i I t I 3 3 Heard Sri Karam Chenriu Komireddw, learned corrnsel for the petitioner and learned Additional public prosecutor appearing fcr the responden t.
4. The contention of learned counsel for the petitioner is that the allegations are not against the petitioner herein. The name of this petitioner is not mentioned in the FIR. There is no whisper about the involvement of this petitioner in the FIR or in the complaint and only basing on the statement of Lu,.7 his name was mentioned in the remand case diary. He further contended that no specific role is attributed to the petitioner herein and he is falsely implicated in this case. Lw.7 on whose statement the petitioner herein was shown as accused, had executed an agreement with the pctitioner for processing VISA application, wherein there are clear terms :rnd conditions including payment of fees and refund of fee in thc evenl of VISA being denied. Learned counsel lurther contcndcd that petitioner is having valid licence to run his firm. Thc :rllc.gation of defacto complainant is that instead of sending ro Malt:r Countrv, he was sent to Latvia country, but therc is no cmplovment u hich itself shows that petitioner has already scnt the clclacto complainant to abroad. The allegations agaillst this 4 r-) petitioner are false. The other accused in this case are already granted anticipatory bail. As such, prayed to grant pre-arrest bail to the petitioner.
5. On the other hand, learned Additional Public Prosecutor filed counter opposing bail stating that this petitioner is the prime accused who is running Eegal Export [mmigration Consultancy, Secunderabad, he colluded with the accused firm "Abroad Study Plan Consultanq/ run by A. I and A.2 and in conspiracy with various agents who are mnning this racket of fake abroad emplolrment recruitment with forged documents and collecting huge amounts from the victims. Apart from collecting amounts, this petitioner also collected original certificates of innocent victims through their associates and threatened them not to report to police. Petitioner is not having any licence to run his hrm and the licence which he is possessing is a forgcd document. As there are serious allegations against the petitioner, his custodial interrogation is very much necessary for invcstigation. As such, prayed to dismiss this petition. 5-
6. Considering the submissions made by both the counsel and tl1e material on record, though petitioner's contenLion is that he is having licenct', the prosecution's case is that the same is a forged one. Theref<rre, investigation is required in this case. As such, this Court is not inclined to grant bail and the petition is liable to be dismissed.
7. Accordingly, this Criminal Petition is dismissed. MiscelLrneous applications, if any pending, shall stand closed \ \ Sd/. A.V.S. PRASAD DEPUW REGISTRAR ,*t SECT FFICER //TRUE COPY// To, 1 . The Station House Officer Police Station ClD, Hyderabad 2. Two CC to PUBLIC PROSECUTOR High Court of Telangana ,Hyderabad a. bne bc to SRI KARAM CHANDU KoMIREDDY Advocate [oPUC] 4. Two CD CoDies PSL I HIGHCOURT DATED:0710312025 l ORDER CRLP.No.2361 ot 2025 (_) 't 1$ J\JL ?02s 5) * i; J; l'.' --,'.'-''..-il').i// '-.---;2"' DISMISSING THE CRIMINAL PETITION 6t6