✦ High Court of India · 03 Mar 2025

The High Court · 2025

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Length
1,159 words

2. Nunavath Mansing, S/o Sri Hanumanth Aged 65 years, Occ Agriculture R/o PG Thanda Grampanchayat, Duggondi lVlandal Warangal Rural District

3. Nunavath Jairam, S/o Sri lvlansingh Aged 43 years, Occ Agriculture R/o PG Thanda Grampanchayat, Duggondi [t/landal Warangal Rural District by Public Prosecutor High Court for the State of Telangana Hyderabad.

4. The State of Telangana, Through SHO, P.S. Geesugonda Warangal (R) District Rep ...RESPONDENTS No. 1 to 3/ ACCUSED I TO 3 ln Crime No. 52/2020 of P.S. Geesugonda Warangal ( R )District Petition under Section 439 (2) of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to cancel the anticipatory bail in Crl.lV.P. No 43 of 2024 passed by the Court of Special Sessions Judge for Trial of Cases under SC/ST (POA) Act-cum- ll Addl. Sessions Judge, Warangal, in Cr. No 52 of 2020 on dated 1510212024 on the file of P S Geesugonda, Warangal (R) District for the offence punishable under Secs 468, 420, r/w Section 120(B) lPC, pending disposal of Criminal Revision Petition. l.A. NO: 1OF 2024 Petition under Section 482 o'f Cr.P .C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copy of the Crl.M.P. No 43 of 2024 passed by the Court of Special Sessions Judge for Trial of Cases under SC/ST (POA) Act-cum- ll Addl. Sessions Judge, Warangal, in Cr. No. 52 of 2020 on dated 1510212024 on the file of P.S. Geesugonda, Warangal (R) District for the offence punishable under Sec's 468, 420, r/w Section 120(B) lPC. This Petition coming on for hearing, upon perusing the [Vlemorandum of Grounds of Criminal Petitron and upon hearing the arguments of Sri Rapolu Bhaskar, Advocate for the Petitioner and the of Sri P. Prabhakar Reddy, learned counsel for respondent Nos. 1 to 3 and Sri Syed Yasar Mamoon learned Addl Public Prosecutor on behalf of the Respondent No.4. The Court made the following: ORDER 'i--7 THE,IIONOURABLE SMT JUSTICE K. $UJANA CRIMINAL PETITION No.7439 of 2024 ORDER: This Criminal Petition is filed under Se(rtions 4ll9(2) of the Code of C:rimina-l Procedure, 1973 (for shol't, 'the ()r.P.C.J to cance l th,) anticipatory bail granted to acct sed lrlos' I to 3 uid.e orclers ttated 15.O2.2024 passed in Crl.M.I).No.43 )f 2024 in Crime: No.5i2 of 2O2O by the Special Sessions Judge 1or Trial of Cases unCer SC/ST (POA) Act-Cum-ll Additional Sessions Judge, Warangal (for short 'the trial CourtJ.

2. The blief facts of the case are that the accusecl )ersons are deceivec lhe de-facto complainant by creating fa:se and fabricaled c ()cuments tn respect of the Surwey I'l o 674 to extent of Ac.l-21 guntas, Survey No.675 to e:tenl rlf \r:. 1 06 guntas, Sunzr:y No.676/A to extent Ac.0-03 guntas, 1otrrl Ac.2- 30 gunlas situated at Vishwanadapurarn village. H:r:.ce, a case was r(lgistered uide Cimle No.52 of 2tJ20 beflre the Geesugonda Police, Warangal, for the offen:es pur ishable under Sectic,rts 468, 42O read with 12O(b) of th,: IPC I 2 sKs,J Crl.P.No.7439 of 2024

3. By the impugned order, the petition, filed by accused Nos.l to 3, was allowed granting anticipatory bail to accused Nos.l to 3.

4. Heard Sri Rapolu Bhaskar, learned cor.rnsel for the petitioner as well as Sri P.Prabhakar Reddy, learned counsel for respondent Nos. 1 to 3 and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.4-State.

5. Learned counsel for the petitioner submitted that accused Nos.1 to 3 created fabricated the documents only to grab the schedule land by deceiving the petitioner /de-facto complainant. He further submitted that accused Nos.1 to 3 are harassing tl:e de-facto complainant, who is aged about 70 years. Hence, he prayed the Court to allow the Criminal Pelition by cancelling the anticipatory bail granted to accused Nos. 1 to 3.

6. On the other hand, learned counsel for the respondent Nos.1 to 3/accused Nos.1 to 3 sought to sustain the impugned passed by the trial Court stating that accused Nos.l to 3 never harassed tL.e de-focto complainant and the trial Court has rightly granted the anticipatory bail to accused l i I I i I I I I I 3 SKS,J t>tL.P.No 74119 of 2024 Nos. 1 to ! . He further submitted that no such i:-rcident occurred in 1he instance case for cancelling the bail grented to accused Nos.l to 3 and in this regard, he pla,:ed rerlie nce on the judgment of the Apex Court in Dolat Rant and' other u. State of Haryanal. He also submitted that accusecl I os.1 to 3 are follow'ing the conditions imposed by the trial (}ru: t while granting bail Hence, he prayed the Court ,o d is,m, ss rhe criminal petiti on. 7 . Lr-'arnec Additional Public Prosecutor :.or re sp ondent No.4-State s,rrbmitted that investigation is r;omplet< d and charge shee t rvas hled uide C.C. No. 717 of 2o2zl.

8. This Ccurt, considering submissions made bJ, b,rth the parties zrnd reviewing the material available c,n recor l, it is apparel-1. th:Lt accused Nos. I to 3 are strictllr follc,wing the conditiorrs b I the trial Court uide orders datr:d 15 Ot',.2O24. Hence, this Court is not inclined to inter fere rvi,h the impugned orc.er passed by the trial Court anri the C iminal Petition is liable to be dismissed.

9. Accordingly, this Criminal Petition is clisr:eissed. Further. Accused Nos. I to 3 are directed to ,:ooperale w-ith ' lress; t s,:r: s+e 4 sKs,r, Crl.P.No.7/+:!9 of 2024 trial proceedings. However, if accused Nos.l to 3 violated the conditions imposed by the trial Court, the de-facto complainant is at liberty to approach the concerned Police for I I I addressing their grievance. Miscellaneous applications, if any pending, shall stand closed. To, ,TRUE COPY// Sd/- V. HARI PRASAD ASSI TANT REGISTRAR SECTION OFFICER .1 . The Special Sessions Judge for Trial of Cases under SC/ST (POA) Act- cum- ll Addl. Sessions Judge, Warangal.

2. The Station House Officer, Geesugonda Police Station, Warangal District- 3. One CC to Sri Rapolu Bhaskar, Advocate IOPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT] 5, Two CD copies. BJLI]/DL ?t- HIGH COURT DATED:03/03/2025 ORDER CRLP.No.7439 of 2O24 I

1. ,: d L ,..-'' s\-s t\ (: I F\ .:."/ r,=:::__ -, ,/' I CRIMINAL PETITION IS DISMISSED QA\ q.-' {_a-) U Ir-) 'l-

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