Telangana High Court
Smt J Vijaya And Another vs The State Of Telangana on 6 March, 2020
Author: G. Sri Devi
Bench: G. Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.1369 of 2020
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 and 2 seeking to grant anticipatory bail in the event of their arrest in Crime No.940 of 2019 on the file of Sanjeeva Reddy Nagar Police Station, Hyderabad City, registered for the offences punishable under Sections 406 and 420 IPC and Section 5 of APPDFE Act.
2. Heard learned counsel for the petitioners, learned Additional Public Prosecutor appearing for the respondent- State and perused the record.
3. The brief facts of the case as per the complaint are that the de facto complainant paid Rs.6 lakhs to accused No.1 by chit funds since 2015 but the accused are not giving money after completion of all the chit fund installments and when the de facto complainant and others went to the accused house to ask money, accused No.1 along with her family members quarreled with them.
4. Learned counsel for the petitioners submitted that the de facto complainant lodged the present complaint with a mala fide intention to sort out financial disputes; that all the witnesses on which the Police are relying are interested witnesses; that accused No.1 is a lady and is having health problems; and that 2 accused No.2 is a B.Tech graduate. Learned counsel further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court in the event of their enlargement on anticipatory bail.
5. Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners.
6. As seen from the contents of the F.I.R., there are specific allegations against petitioner Nos.1 and 2. Thus, looking into the nature of allegations levelled against petitioner Nos.1 and 2 and the gravity of offence, I am not inclined to grant anticipatory bail to them.
7. The Criminal Petition is accordingly dismissed. However, if the petitioners surrender before the Court concerned within a period of 15 days from the date of this order and move an application for bail, the Court concerned shall consider the same and pass appropriate orders in accordance with law, after giving due notice to the learned Public Prosecutor concerned.
8. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
__________________ JUSTICE G.SRI DEVI 06th March, 2020