Sanjay Kumar Somani vs The State of Telangana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 7276 OF 2021 Between:
Sanjay Kumar Somani, S/o. late Sri Ramballabh Somani ... Petitioner/Accused AND The State of Telangana, Rep., by its Public Prosecu/to'aHigh Court for the State Hyderabad, of Telangana at ... Res ponde nUC om p la ina nt Petition under Section 438 of Cr.P.C, praying that inJhe circumstances stated in the grounds filed in support of the Criminal Petition, the }{rgh Court may be pleased to direct the Station House Officer, C.C.S Police Station, Hyderabad to release the petitioner on bail in the event of his arrest in connection with Crime No.1361202!-of justice.
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C.C.S Police Station, Hyderabad, in the interest of The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of IM/s C. SHARAN REDDY Advocate for the Petitioner and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.
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ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused, for grant of anticipatory bail in Crime No.136 of 2021 ot Central Crime Station, Hyderabad, registered for the offence punishable under Section 420 lPC.

2. Heard the learned counsel for the petitione r/accused, learned Assistant Public Prosecutor representing the respondenUState and perused the record.

The learned counsel for the petitioner/accused would contend that the de facto complainant had filed a complaint under Section 200 Cr.P.C to punish the petitioner/accused for the offence under Section 138 of N.l.Act and the same is pending. During the pendency of the said case, the de facto complainant lodged the subject report dated 10.08.2021 with the police. Basing on the same, a case in Crime No.136/2021 on the file of C.C.S P.S, Hyderabad, was registered against the petitioner/accused, for the offence under Section 420 IPC and being investigated into. The learned counsel for the petitione r/accused relied upon the decisions in Kolla Veera Raghav ilao vs. Gorantla Venkateswara Rao and othersl and G.sagariuri and others vs. State of U.P. and others'and contended that once proceedings to punish a person for the offence under Section 138 of N.l. Act are initiated, no report can be lodged with the police to prosecute for issuance of cheque and its related transaction. Thus the learned counsel for the petitioner/accused prayed to allow the Criminal Petition as prayed for.

4 On the other hand, the learned Assistant Public Prosecutor opposed the grant of bail to the petitioner/acc used.

' .'ttn 20 t t sc oa:

r AIR 2ooo SC 754

5 As seen from the material placed on record, the de facto complainant had filed S.T.C.No.46 of 2021 on the file of lX Metropolitan Magistrate, Hyderabad, under Section 138 of N.l. Act against the petitioner/accused. Thereafter, the de facto complainant lodged the subject report dated 10.08.2021 with the police against the petitioner/acc used for the offence under Section 420 lPC. ln the given circumstances of the case, since the de facto complainant had already instituted proceedings against the petitione r/accused for the offence under Section 138 of N.l. Act, this Court is inclined to grant anticipatory bail to the petitioner/ accused in the subject crime, on the following conditions:

(i) The petitione r/accused is directed to surrender before the Station House Officer, Central Crime Station Police Station, Hyderabad, within a period of fifteen(15) days from the date of this order.

(ii) On such surrender, the said Station House Officer shall release the petitione r/accused on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction.

(iii)

On such release, the petitioner/accused shall report before the Station House Officer, C.C.S P.S, Hyderabad, on every Sunday between 10:00 AM and 11:00 AM till filing of charge sheet.

(iv)

The petitioner/accused shall not, directly or indirectly, meddle with the investigation, win over the witnesses, tamper the evidence and shall co.operate with the lnvestigating Officer for smooth completion of the investigation.

(v)

The petitioner/accused shall also abide by the conditions stipulated in Section 438(2) Cr.P.C.

6 The Criminal Petition is, accordingly, allowed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

SD/- M NIANJULA ASSISTANT REGISTITAR ,TRUE COPY// l^lN>-,--

sEcTroN otr,a=*

To, 1. The ll Additional lvletropolitan Sessions Judge at Hyderabad.

2. The Xll Additional Chief Metropolitan Magistrate at Nampally Hyderabad.

3. The Station House Officer, C.C.S Poliafstation at Hyderabad.

4. One CC to M/s. C. SHARAN REDDY, Advocate [OPUC].

5. Two CCs to PUBLIC PROSECUTOn,A-IO Court for the State of Telangana at Hyderabad [OUT].

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