The High Court · 2025

PetitionunderSection4S2ofBNSSprayingthatinthecircumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay o"pr""..atoenlargethepetitioneronanticipatorybailintheeventofhisarrest in conneclion with FIR No.126/2025 PS Subedari' This Petition coming on for hearing, upon perusing the Mem^oral|.9T "f Grounds of Criminal Petition and upon nearing the arguments of S^ri V YADU KRISHNA SAINAIH, Advocate for the Petitioner and Sri SYED YASARMAMoON,theAdditionalPublicProsecutoronbehalfoftheRespondent, The Court made the following: ORDER - The Hon'ble Sri Tus tice I.Sreenivas Rao Criminal Petition No.8525 of 2025 Order This Clriminal Petidon is filed under Section 482 of Bhanttya Nagarik Suraksha Sanhitha, 2023 (for short tsNSS) seeking anticipatory bail to the peririoner/accused No.2 in Crime No.12:,6 of 2025 o[ Subedari Police Station, Warangal, Hyderabad, registered for the offences punishable under Sections 31tt(4), 316(2) and 316(5) r,/w Secrion 3(5) of Bhrraaya Nyrrya Sanhitha,2023 (fcrr short 'BNS) and Section 5 of the Telargana Prorection o[ Dcpositors of Financia] Establishmenrs Acr, 1999 (tor shorr '-|SPDITE Act).

2. The cir.sc oF thc prosccution, in brief, is that on 05.03.202.i ar aborrr 17:0() l-rours, rhe de faxo complainant lodged a complaint srarins rhar irr rhc r-car 202l,he joined in a chit group of Rs.15 lakl'rs on payrrrcnr o[ monthlv installment of Rs.30,000,/- in Nludrakslii (,hir Lir-rncls privare I_imited and in the 36s m()nrh, hc bid thc chir, but rl.re petitioner,/accused No.2 and other accuscd beine rlrc llauiruing partners of the said compan), Failcd ro 1;ar. rhc am()ulrr and clodged the matter 2 and on repeated requests, thev gave three cheques.only to be dishonoured. Basing on the said complaint, the aforesaid crime was registered against the peritioner and other accused for the aforesaid offences.

3. Heard Mr. V.Yadu Krishna Sainath, leatned counsel for the petitioner/accused No.2 and Mr. Syed Yasar Mamoon, Ieamed Addiuonal Public Prosecutor appearing for the respondent/State 4 frarned counsel for peridoner submits that the petitioner has not committed ant- offence and he has been falsely implicated in the abovc said crime. He frirther submits that even according to rl.rc complaint, the complainant being the membet of Rs.15 lakh cl-rit group, paid the monthly installment of Rs.30,000 f - rc rhe chit fund company upto 35 months and during thc 36'r' month. hc bid the chit and the chit fund companv issucrl rhrce chcclucs, u'hich came to be dishonoured but it is to be sccn that thc petitioner has no role to play in all thesc transactions and in tact, rhe chit fund company is being run bv accusccl No. I onli' ancl rhc Petitioner has never received a,A4O 3 any arnount direcdy. He €urther submits that ii the cheques issued by the chit fund company arc dishonoured, the complainant has to avail the remedies as available to him under Section 138 of the Negotiable Instrumenrs r\ct, but the complainant filed the present complaint which is not permissible under law. karned counsel prays that the petitioner be granted anticipatory- bail as he is ready and willing to cooperate with the invesrigarion and abide b1, the condirions as may be imposed by this Court.

5. Per contra, learned Addirional public Prosccutor submits that the petitioner and other accuscd have committed grave offence and ':he complainant susrained huge financial loss of Rs.15 lakhs as the petitioner and orher accused. who are the Managing Partners of the chir fund companv, have nor paid the chit amount to the complainanr. Learncd Addirional public Prosecutor further submits thar aparr ilorn the complainant, five others have also suffercd l-r,gc financial loss in the hands of the petitio,ner and orhcr accusecl ancl rhc petitioner and accused Nos..J and 4 arc absconcirng ancl acci-rscd No.1 was 4 arrested recendy and the investigation is under progress and at this stage, if the petitioner is granted anticipatory bail, he urill interfere with the investigation and tamper with the evidence and influence the witnesses and hence, he is not entided for grant of anticipatory bail.

6. Having considered the facts and circumstances of the case and on pen.rsal of the mateial available on record, it teveals that the complainant is a member in 15 lakh chit group and paid monthlv instalments of Rs.30,000/- upto 35 months and during the 36'h month, he brcl the chit but the amount has not been paid to him ancl the cheques issued by dre chit fund company were dishonoured. fhe complainant has specifically stated in his complaint that rhe peririoner and other accused abused and threatened hirn rvith clire consequences and as srrch, he has serious thrcar tiom them.

7. The written instrucrions firrnrshed by the Sub-Inspector of Police, Subedari Police Station, to rhe learned Additional Public Prosecutor rcr.eals that apalt from the complainant, five others have also suf[erccl such financial ioss in the hands of the 5 peritioner and other accused and the petitioner is the Managing Parrner of Mudrakshi Chit Fund Company private Limired and the petitioner and other accused have receivcd huge amouflts from the conlplainant and other victims under thc name of the said company and failed to refund the amounr on rheir bidding of the chit. Even according to the learned Additional public Prosecutor, the mvesflgaton is under progrcss and the chargesheet has not yet been filed. 8 Having regard to the facts and circumstances of the case and the $ay:rty of offence allcged against the petirioner,/accused No.2, this Court is nor ir.rclinccl to glrant anriciparory bejl to him.

9. Accordingly, the Criminal peddon 1S dismissed As a sequel, miscellaneous petirions, pending iI anv, srand closed. //TRUE COPY// SD/-A. JAYASREE REGISTRAR ON OFFICER To,

1. lll Additional Judicial First Class Magistrate at Hanumakonda. 2. The Station House Officer, Subedari Police Station, Warangal District 3. One CC to SRI \'/.YADU KRISHNA SAINATH Advocate IOPUC] 4. Two CCs to Put,lic Prosecutor, High Court for the State of Telangana 5. Two CD Copies BGS/gh HIGH COURT DATED: 2210712025 i)n l :iij S7; r(. \ ,4 /./ ,- i | '.i' 2 I AU0 2025 I ir\ '), "<- o ..-.--- t -,t/ ORDER CRLP.No.8525 ot 2025 DISMISSING THE CRIMINAL PETITION r-) /1-7, L'