JUVVADI SRIDEVI
Guntupalli Srinivas Rao – Appellant
Versus
State of Telangana – Respondent
ORDER
Petitioners/Accused Nos.1 and 2 have filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail in Cr.No.145 of 2024 of P.S. INSP ADMIN (DD), registered for the offences under Sections 406 and 420 of IPC and Section 5 of the Telangana State Protection of Depositors of Financial Establishments Act, 1999 (for short “the TSPDFE Act”).
2. Heard Sri Y. Soma Srinath Reddy, learned counsel for petitioners and the learned Additional Public Prosecutor appearing for the State.
3. The case of the prosecution is that the petitioners herein are wife and husband and are running a real estate Company under the name and style of “M/s.EV Projects Pvt. Ltd.” The complainant/Mr.Raghavendar and another person by name Mr.T.Anil Kumar have approached the petitioners for purchase of two villas called “EVK Shri Shilpa” at Shankerpally, at the rate of Rs.70 Lakhs each and entered into a Memorandum of Understanding on 27.10.2021. Thereafter, the petitioners informed the complainant that they lost the site and would refund money within six months as per the agreement dated 27.10.2022, but they did not refund the amount as agreed, and thus, cheated them.
4. The learned counsel for petit
Criminal breach of trust and cheating – To attract offences under Sections 420 and 406 of IPC there should be intention to cheat from beginning itself.
The main legal point established in the judgment is the consideration of a prima facie case, the stay on further proceedings, and the potential detention without due process of law in granting antici....
Failure to pay the amount as agreed would prima facie constitute an offence of cheating.
The court established that anticipatory bail can be granted even in cases involving serious allegations if the circumstances do not warrant custodial interrogation and the accused demonstrate a willi....
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
The court's decision to grant anticipatory bail with stringent conditions was based on the nature of the alleged offences and the specific contentions made by the petitioner's counsel.
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