✦ High Court of India · 02 Apr 2025

BNSS and also to follow the guidelines of the Hon'ble Apex Court in Arnesh v. State of Bihal. On such notice, the

Case Details High Court of India · 02 Apr 2025
Court
High Court of India
Decided
02 Apr 2025
Length
1,115 words

This Petition coming on for hearing, upon perusing the l\Iemorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. Nuzhath Sultana representing Sri Mohd Barkat Ali, Advocate for the Petitioner and Sri Syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER i I .r*&t 6er*&*r. .j:: :=-:WV':v - Order The on'ble Sri ustice f Rao Crimin Petition No.4230 of 2025 This Cnmnal Petition is filed by the petitioner/accused No.1, seeking anticiparory bail under Section 482 of Bharatila Nagrik Suraksha Sanhita (BNS , in connection with Crime No.286 of 2025 of Kukatpally Police Station, Qfuerabad 51 District, registered for the offence punishable under Secrion 318(4) of BNS.

2. Heard Smt. Nuzhath Sultana, leamed counse I representing Sri Mohd. Barkat Ali, leamed counsel for the petitioner/accused No.1 and Mr. Syed Yasar Mamoon, leamed Additional Public Prosecutor appearing for the respondent/State.

3. The case of the prosecution is thar the de facto comp/uinant is a non resident of India and is Iiving in Dubai, srnce 28 yean and frequently vrsrts Hlderabad ro take care of his family. Sri ,, Adepu Nagaraju S/o. Rajiah, sras introduced by his cousin as a a_\ realtor, doing real estate business since 10 years and said that he is the owner of the land in Survey No. 1007, situated at Kukatpally village, and only revenue mutation is pending and has taken money from him by way of cash and bank transfers and used to pay whenever he needs and he told him that if once the revenue records gets updated, then he would transfer the title of the land title in his name, but there is no land on his name and the documents shovvn by him were fabricated. All these transactions have talen place in the 1'ear 2019-2020, the payments were done though online in the year 2019 and2020, which is total a sum of Rs.1,85'OO,OO0/- and also some payments were made through cash. The complainant could not follow up the same, due to corona, alt flights were swpended from Dubai for certain period. \'X'hen he retumed to Hlderabad and enquired about the land, it came to his knowledge that there was no land on his name, he just showed faLe papen and promised to register the land. Upon which, t I I I : I I i 3 (l v,'hen the complainant asked to, retum the money, he threatened to kill him if he opened his mouth anlqrhere about these transactions. Basing the complaint, the police regisrered a case rn Gime No. 286 of 2025 of Kukatpally Police Station, C-fuerabad/ Ranga ReddyDistrict under Section 318(4) BNS. The petirioner is apprehending arTes t ln connection with the above C-rime.

4. Leamed counsel for the petitioner/accusecl No.1 submits that the petitioner was not made an accused in Crime No.286 of ZOZS and the de fato canp/ainant abo not made any allegations against the petitioner/acctsed No.1 in the complaint However, the Station House Officea KukatpallyPolice Starion, insisting the petitioner ro come ro the police station for the pu{pose of investigation rn the absence of any allegation and they are trying to rmplicate the petitioner as accused. Unless the petitioner wa-s granted anticipatory bail, he will put to great irreparabie loss and hardship. He further submined that he is I i I I I I t i I I 4 ready and wi[ing to cooperate with the investigating officer r) and also abide by the conditions that may be imposed by the Court.

5. Learned Additional Public Prosecutor, basing on the wrinen instructions of the Sub-Inspector of Police, Kukatpally Police Station, submited that during the course of investigation in Crime No.286 of 2025, the I.O addressed a lemer to the Bank Manager, IOB, Balanagar branch with a furnish transaction detafu of request to A./c.No.3400O1OOOO0O91 of the petitioner as well as to freeze the said account as bank transactions took place between accused and the petitioner. He further submitted that as on today, the petitioner was not made an accused in the present However, the investigating officer will follow the procedure prescribed under Section 35(3) of BNSS.

6. Flaving considered the rival submissions made by the respective parties and after perusal of the material available on 5 record, it reveals that the offence alleged agairut the petitioner is under Section 318(a) of BNS and punishment is below Z yean. Taking inro facts and circumstances of the case and also I the submissions made by the leamed Additional public Prosecuror, this Clurt deems it and proper to dispose of the criminal petirio'r directing the investigating officer to issue notice under Section 35(J) of BNSS and also to follow the guidelines of the Hon'ble Apex Court in Arnesh l(umar v. State of Bihal. On such notice, the petitioner is directed to appear before rhe concemed investigating officer and furnish the information and documents, lf any,, required by the investigating officer and cooperate with the rnvestigating officer. If the pedtioner/accused No.1 failed to cooperate with the investigating officer, the investigaring officer is at liberq,to take action against him in accordance with law. 7 Accordingly, the Criminal Petition is disposed of. No costs. ' zot 1t.1 sc< : :zi -\ 6 As a sequel, miscellaneous Petitions, pending if any, stand o closed. \ To, //TRUE COPY// SD/- A SRINIVASA ASSISTANT REGI DDY TRAR SECTION OFFICER

1. The Xll Additional Junior civil Judge-cum-Additional metropolitan Magistrate, medchal Malkajgiri at Prashanth nagar, Kukatpally

2. The station House Officer, Kukatpally police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to SRI MOHD BARKAT ALt, Advocate [OpUC] 5. Two CD Copies Hyderabad (OUT) AD o HIGH COURT DATED:0210412025 ) I ORDER CRLP.No.4230 of 2025 a + ) 4(ETFoI .9 o LL {$ \, !. f,( DISPOSING OF THE CRLP WITHOUT COSTS lr,{-

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