The High Court · 2025

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 in the event of his arrest in connection with Crime No. 332 ot 2025 daied. 1011012025 registered under Sections 318 (4), 61(2), 329 (3\,324 (4), 338, 336 (3), 340 (2), 351 (3) RA/V 3 (5) of BNS before Adilabad Rural Police Station, Adilabad District pending enquiry and trial in the interest of tustrce This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K DAYAKAR REDDY ,Advocate for the Petitioner and Sri. Arun Kumar Dodla the Additional Public Prosecutor (TG) on behalf of the Sole Respondent. The Court made the following: ORDER IN THE HIGH COURT F.OR THE STATE OF TEI ANGANA AT ITYDERABAD THE HONOURABLE SMT. JUSTICE K. SU. ANA CRIMINAL PETITION No.14763 of 2O23 DATE: O1.12.2O25 BETWEEN: Manoj Kumar Agarn,al petitionc r /accused No.6 Ancl The State of Telangana, Represented by Public Prosecutor, High Court for the State of Telangana at Hyderabad ..... Respondcr t/complainant ORDER This Criminal Petition is hled under Section z i 2 of Bhar.rtiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS,) f ,r grant of pre arrest bail to the petitioner, who is arrayed as z r cused No.6 in Crime No.332 of 2025 before the Adilabad Rura' police Station, Adilabad District, registered for the offences pu r ishable under l 2 sr{s,J Crl.P.No.14763 of 2025 Sections, 3 18(4), 61(2l., 329 (3]., 324(4), 338,, 336(3), 340(2), 35 1(3) read with 3(5) of BNS. 2- The brief facts of the case arc that the de facto complainant, appointed as the Bankruptcy Trustee of Mr. Manoj Kumar Agarwal by order of the National Company Law Tribunal, alleged that certain mortgaged propertics in Survey No.65/B (new 65/4) at Bhoktapur, Adilabad were illegally trespassed upon. It was alleged ttrat in November 2O24, Ramesh Sharma, his associates, and others entered the attached land with machinery, threatened the security personnel, and claimed to have injunction orders and revenue records. The complainant stated that the land, already sold by Mr. Manoj Kumar Agaru,al in 2012, was later subjected to multipie fraudulent transactions, including a GPA, rectilication deeds, and an alleged conspiracy rn 2C-23 to create fake documents and supplementary sethwar.

3. Heard Sri K. Dayakar Reddy, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appcaring on behalf of the respondent - State. 3 sxs,J C { P.No.14763 of 2025

4. Learned counsel for the petitioner submi ted that the petitioner was falsely implicated and that the compl: nt rvas loclged under a mistaken belief that he had alienated mortgageci or attached properties and that the land sold by th( petirioner was not part of the mortgaged properties listed in the pr,r session Notice dated 2O. 1 l.2Ol2 and that the property covered ,5, the GpA in favour of Mrs. Poonam Vyas was situated in S _ -vey No.6.5/C, which was neither mortgaged to SBI nor under ED r ttachment. He further submitted that the petitioner, being a boniL hde purchaser and not a direct vendor of the disputed land, co: d not be held liable for any discrepancies or mischief commitrt C by previous vendors. He contended that the police were proc(.( ( ing in a wrong direction. Therefore, he prayed the Court to grant 1; e-arrest bail to the petitioner by allowing this criminal petition.

5. On thc other hand, learned Additional [\r rlic prosecutor opposed the submissions made by the learned ( ounsel for the petitioner stating that the allegations in the c,r nplaint clearly disclosed the involvement of the petitioner in a larger criminal conspiracy relating to the fraudulent alienation o. land that was under SBI mortgage and ED attachment. It was st.l mitted that the petitioner, along with other accused persons, had allegedly participated in the creation of fabricat,: I documents, 4 sKs , Crl.P.t{o.14763 of 2025 supplementary sethwar, and rectification deeds, and had facilitated iilegal registrations in 2023 despite knowing that the land had been sold earlier and was under attachment. He contended that the petitioner and his associates had trespassed into the attached land with JCBs, tractors, and tippers, threatened the security personnel, and unlawfully occupied the property by misusing an injunction order obtained on the basis of forged documents. He further contended that the investigation was not yet completed. Thlerefore, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and on a perusal of the material availabie on record, it appears that the main allegation against the peiitioner is that, despite having knowledge that the subject property was under the mortgage of the State Bank of India, he sold the same to the other accused, who in turn sold it to accused Nos. 7 and 8. It is further alleged that all the accused conspired together and created a fabricated supplementary sethwar. The allegations appear to be serious in nature, particularly since the complaint was lodged by the Ofhcial Liquidator and the property is also under attachment by the Enforcement Directorate. As seen from the record, the investigation is slill in progress. Considering the seriousness of the 5 sxs,J C 1 P.t{o.14763 of 2025 allegations, at this stage, this Court is not incline j to grant pre- arrest bail to the petitioner, and the same is liable tr, te dismissed.

7. Accordingly, this Criminal Petition is dismisse: Miscellaneous applications, if any pendin I shall sLand closed. /ITRUE COPY/I i3! I FX.flAUtiJ+AXX \ \.-,-,-- \ __. -= SECTION OFFICER To, 1 2 3 4 The Princrpal Sessions Judge at Adilabad' Adilabad Di!;1 ict The SHO Adilabad Rural Police Station' Adilabad Distr ( ' OnE CC tO SRI. K DAYAKAR REDDY AdVOCAIC [OPU( ] Two CCs to PUBLIC PROSECUTOR' High Court for ttt' at Hyderabad [OU I I State of Telangana 6 Two CD CoPies PK/PSL Yk tit : Siiri:\: . ' r^''i ' ,,.\ \): \ , i,jic Z: li r I J',rr . .ti.j j. j, J. i"// ''),1r . r-7q.YtQy'' '- :::---' : HIGH COURT DATED:01 11212025 CRLP.No.14763 ot 2025 t ) 3 ,'. * \-Dh^ CRIMINAL PEITITION IS DISMISSED. % .oV(+ w- ;a-t'-t':