Telangana High Court
Vaka Surya Prabha vs The State Of Andhra Pradesh on 16 November, 2018
THE HON'BLE DR.JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.11824 OF 2018
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.3, for grant of bail in Crime No.225 of 2014 of IV Town Police Station, Kurnool District, registered for the offence punishable under Section 420 of IPC and Section 5 of APPDFE Act, 1999.
2. Heard the learned counsel for the petitioner/A.3 and the learned Additional Public Prosecutor representing the respondent- State and perused the record.
3. The learned counsel for the petitioner/A.3 would submit that the petitioner/A.3 did not collect a single pie from any person. She has no connection with the VVR Housing Private Limited Company and M/s.Viswas Real Estate and Infrastructure Private Limited Company. She being the wife of A.1, who is the Managing Director of the VVR Housing Private Limited Company, is falsely implicated in this case. There are no other criminal cases pending against the petitioner/A.3 and ultimately prayed to allow the petition.
4. The learned Additional Public Prosecutor opposed the grant of bail to the petitioner/A.3.
5. The material placed on record reveals that the petitioner/A.3 has been discharging her duties as Managing Director of VVR Housing Private Limited Company. She has also induced the private public and made them invest huge money in the said company as well as M/s.Viswas Real Estate and Infrastructure Private Limited Company. There is also record to show that the petitioner is the accused in the following criminal cases:- 2
1. III Town P.S. (L&O), Eluru in Crime No.134 of 2016 under Section 420 read with 34 IPC.
2. III Town P.S. (L&O), Eluru in Crime No.145 of 2016 under Section 420 read with 34 IPC.
3. III Town P.S. (L&O), Eluru in Crime No.166 of 2016 under Section 420 read with 34 IPC.
4. III Town P.S. (L&O), Eluru in Crime No.202 of 2016 under Section 420 read with 34 IPC.
5. III Town P.S. (L&O), Eluru in Crime No.214 of 2016 under Section 420 read with 34 IPC.
6. CCS Tirupathi PS Crime No.196 of 2017 under Sections 420 and 506 IPC.
7. CCS Tirupathi PS Crime No.51 of 2017 under Sections 417, 418, 420 and 406 IPC and Section 5 of APPDFE Act, 1999.
6. Under these circumstances, it cannot be held that the petitioner/A.3 is an innocent person and she has no connection with the affairs of the VVR Housing Private Limited Company. The allegations are grave and specific against her. In the event of granting bail under Section 438 Cr.P.C., there is every possibility that she will cause hindrance in the investigation of the case and cause disappearance of the material witnesses. It is not a fit case to allow the petition under Section 438 Cr.P.C.
7. In the result, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
____________________________ DR. SHAMEEM AKTHER, J Date: 16.11.2018 ssp