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2025 Supreme(Online)(TEL) 7903

HIGH COURT OF TELANGANA
J. SREENIVAS RAO, J
Mohammed Khaja Pasha – Appellant
Versus
The State of Telangana – Respondent
CRLP/5212/2025



THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.5212 of 2025

ORDER

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.4, seeking anticipatory bail in Crime No.248 of 2025 of Keesara Police Station, Rachakonda Commissionerate registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120b of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Sri R.Ramakrishna, learned counsel, representing M/s. JMS Law Firm, appearing on behalf of the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3. The case of prosecution in brief is that on 15.03.2025 at 17.00 hours de-facto complainant Gundavarapu Venkatappaiah Sarma lodged a complaint with the police stating that he purchased Plot No.58, admeasuring 311 square yards in Survey Nos. 404 and 405, Srinivas Nagar, Rampally, vide document No.4262/1981. He mentioned that granite stones were used to mark the boundary of the plot. On 02.04.2013, he paid the full Layout Regularization Scheme (LRS) fee and obtained regularization for the plot. He visited the plot for every six months to check its status. However, in 2024, he could not visit as he was away from Hyderabad. Later, on 11.02.2025, when he visited the plot, he found that a precast wall had been built, and a board was erected stating that the plot belonged to Shiva and was not for sale. Upon verifying the situation, he checked the IGRS Telangana App and discovered that four transactions took place in the year 2024. The plot, which was originally 311 square yards, was shown as 350 square yards. One Syed Aleem, a resident of Lalapet, Secunderabad (currently residing at C-172/1, Vinoba Nagar, Lalapet, Secunderabad), had used a fake registered sale deed bearing Document No.4260 of 1981 to sell the plot to Sri Mamidala Anjaneyulu on 16.04.2024, with the total plot size being 350 square yards. Subsequently, Sri Mamidala Anjaneyulu had sold 175 square yards of the plot to Smt.T.V. Kamala Devi Boddu, w/o Sita Rama Raju Boddu, resident of Flat-303, Road No. 1, Sri Brahma Enclave, Bandari Layout, Nizampet, on 21.06.2024. The balance 175 square yards was sold to Choppavarapu Shiva, S/o Late Krishna, resident of 1-1- 29/6/20, Sailok Colony, Jammigadda, Kapra, ECIL Post, Hyderabad-62, on 02.09.2024, vide document No. 6932/2024, who in turn deposited Document No. 6932/2024 with IDFC First Bank Limited, Begumpet, and obtained a loan of Rs.50 lakhs. Therefore, Gundavarapu Venkatappaiah Sarma has requested that necessary legal action be taken against the individuals involved in these fraudulent transactions. Basing on the said complaint, the police have registered the present crime for the aforesaid offences.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in this case. There are no allegations against the petitioner either in the complaint or in the remand case diary to attract the ingredients of Section 467 of IPC and except the said offence, all the other offences are punishable with imprisonment of below seven years. The ingredients of Section 467 of IPC are not attracted against the petitioner on the ground that the petitioner never executed any document nor forged or created any document. He further submitted that accused No.10 has filed Criminal Petition No.3933 of 2025 seeking anticipatory bail and this Court has granted anticipatory bail in his favour. The petitioner is ready and willing to cooperate with the investigation and abide by the conditions that may be imposed by this Court. Therefore, the petitioner is also entitled for grant of anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the investigation is under progress. The petitioner is also involved in similar offence and more than six cases

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