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2025 Supreme(Online)(TEL) 6046

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5003 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioners/accused Nos.1 to 5 in Crime No.684 of 2024 on the file of A.J.Mills Colony Police Station, Warangal, registered for the offences punishable under Sections 318(4), 316(2), 351(2) and 316(5) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 02.11.2024, the de-facto complainant lodged a complaint stating that the petitioners, along with other accused, convinced her with optimistic promises that they were starting a venture at Unikicharla on 20 acres and 32 guntas of land, requiring Rs.2 crores in investment. Believing them, she invested ₹1,98,30,000/-. The accused later sold plots and earned profits but failed to provide any financial details. When she refused to sign documents to sell the remaining plots without seeing the accounts, the accused revealed that they had started another venture without informing her, misused the funds for personal purposes, and threatened to kill her if she refused to sign. Basing on the same, Crime No.684 of 2024 was registered.

3. When the matter was taken up for hearing on 17.04.2025, at request of learned counsel for the petitioner, the matter was posted to 21.04.2025. On 21.04.2025, there was no representation on behalf of the petitioner in morning session and afternoon session, either physically or virtually. To give one opportunity, the matter was posted to 23.04.2025. Today also there is no representation on behalf of the petitioner either physically or virtually.

4. Heard Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent No.1-State.

5. According to the averments made in the petition, petitioners were falsely implicated in the above said crime and they have not committed any offence and in the complaint complainant has not mentioned about payment of alleged amount of Rs.1,98,30,000/- to the petitioners. It further averred that the de-facto complainant has also filed suit vide O.S.No.27 of 2024 on the file of the Principal District Judge at Hanmakonda, against the petitioners, seeking rendition of accounts and when said suit is pending, subsequently de- facto complainant filed the present complaint to settle the civil disputes and the same is not maintainable under law. Hence, petitioners sought for grant of anticipatory bail.

6. Per contra, learned Additional Public Prosecutor submitted that the petitioners and other accused have committed a grave offense and there are specific allegations against them and the investigation is under progress. At this stage, if the petitioners are granted anticipatory bail, they will interfere with the investigation and influence the witness. Hence, prayed to dismiss the petition.

7. Having considered the submissions made by the learned Additional Public Prosecutor, and after perusal of the material available on record, it reveals that there are specific allegations against the petitioners to attract the ingredients of Sections 318(4), 316(2), 351(2) and 316(5) r/w 3(5) of BNS. According to the learned Additional Public Prosecutor, investigation is under progress.

8. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners.

9. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

_____________________ J. SREENIVAS RAO, J Date: 23.04.2025 vsl

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