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2018 Supreme(AP) 444

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. Siva Sankara Rao, J.
Chemangaari Venkataswamy Goud – Petitioner
Versus
State of Telangana, through Aadhibatla Police Station, Rachakonda – Respondent
Criminal Petition No. 8906 of 2018
Decided On : 06-09-2018

Advocates Appeared:
For the Petitioner: S. Bala Mohan Ranga, Counsel.

Headnote:Criminal Procedure Code, 1973-Section 439-Bail-In the event of police making out a case for police custody for the purpose of interrogation, petitioner shall be liable to be taken in police custody for facilitating further investigation-Bail now granted is since a regular one till end of trial (without prejudice to right to cancel meanwhile in case of need and/or for non-compliance of conditions) any absence of petitioner as accused for hearing/enquiry or trial, issuance of non bailable warrant-NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail-As such, in such event no fresh bail application can be entertained-Criminal Petition allowed. (Paras 7, 8 and 11)

JUDGMENT :

1. The petitioner is accused No.l among two accused of Crime No. 169 of 2018 of Adibatla Police Station, Rachakonda District, registered for the offences punishable under Sections 406, 420 and 120-B IPC on 22.06.2018.

2. The aforesaid crime is registered based on a private complaint of the de facto complainant, dated 06.06.2018. The learned IV Metropolitan Magistrate, Cyberabad at Ibrahimpatnam, Ranga Reddy District, referred the said complaint under Section 156 (3) Cr.P.C., 1973 to the police, from which the police registered the present crime on 22.06.2018.

3. The sum and substance of accusation from the private complaint contents in registration of the FIR are that the de facto complainant is the owner and possessor of plot Nos.5 and 6 part, in Survey Nos. 860 and 861, admeasuring 300 square yards of Nadergul Village, Balapur Mandal (the then Saroor Nagar Mandal), Ranga Reddy District, having purchased the same under a registered sale deed bearing document No.8812 of 1998, dated 04.07.1988 from A.1, namely Chamangari Venkat Swamy, no other than his own brother, and later the complainant constructed a compound wall and temporary shed therein and also obtained electrical service connection.

4. Originally, A.1 is the owner and possessor of land to an extent of Ac.0.33½ guntas in the survey numbers referred supra, having pure hased the same through a registered sale deed bearing document No.4984 of 1983, dated 17.08.1983, and converted into house plot Nos.1 to 12 and offered alienation of the said plots. The complainant through A.1 purchased 300 square yards of land referred supra under a registered sale deed bearing document No.8812 o; 1988, dated 04.07.1988, and obtained building permission from the Gram Panchayat, vide permission No. 114 of 1993. Though could not construct for want of funds, later obtained renewal in the years 1998 and 2001. While so, in the month of February, 2018, when the complainant started constructing compound wall and a small shed, A.2 with unsocial elements chiming as owner of plot No.2, admeasuring 300 square yards of land in the survey numbers referred supra, having purchased the same through a registered sale deed bearing document No.3050 of 2017, dated 06.07.2017, is trying to obstruct the same. A.1 with an ill intention again developed the land and created sale deed in the name of A.2 by showing the subject plot Nos.5 and 6 part, as plot No.2 by mentioning the boundaries of the subject plots, which were purchased by the complainant and thereby cheated the complainant. Hence, to take action.

5. The petitioner went unsuccessful in seeking Anticipatory Bail by dismissal order, dated 31.07.2018 in Crl. M.P. Nos.3076 and 3065 of 2018 in Crime No. 169 of 2018, by the Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Ranga Reddy District, wherein the observation of the Court below is that having sold the subject plots in the year 1988 to the de facto complainant by A.1, again sold with change of plot numbers physically by creating sale deed in favour of A.2 and there is prima facie accusation, thereby the petitioner is not entitled for concession of Anticipatory bail.

6. The contention of the petitioner/A.1 is that leave about 1988 sale deed where he executed, despite in favour of the de facto complainant, what supra purchased is part of plot No.6 and 5 of 300 square yards of land, whereas what A.1 sold to A.2 is plot No.2 and plot Nos.5 and 6 part are different from plot No.2, and there is intervening road in between 20 feet wide road to the north of plot No.5 to the south of plot No.4 and plot No.2 is thereby hitherto. Further, north to Plot No.2 and once there is a clear cut and undisputed identity from the allegations in the private complaint in registration of the crime is unsustainable, the petitioner is entitled for concession of Anticipator Bail and purely it is a civil dispute and the de facto complainant proves nothing but added criminal flavour and placed reliance for that













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