THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + CRIMINAL PETITION No.5564 of 2025 % Dated 02.05.2025 # Koka Raghava Rao S/o.late Kota Ranga Prasad, Aged: 34 years, Occ: Private Job, R/o.H.No.3-6-312/1, Hyderguda, Hyderabad ….Petitioner VERSUS $ The State of Telangana Rep. by Public Prosecutor, High Court of Telangana, At Hyderabad and another.

… Respondents ! Counsel for Petitioner : Mr. Avadesh Narayan Sanghi ^ Counsel for Respondents :Mr. Syed Yasar Mamoon (R.1)

Dr. J. Vijaya Laxmi (R.2)

< GIST:

> HEAD NOTE:

? CITATIONS:

1. (2020) 10 SCC 616

2. (2012) 1 SCC 40

3. (2021) 2 SCC 485

4. (2022) SCC OnLine Bom. 11566

5. (2024) 7 SCC 147 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5564 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner/accused No.1 seeking bail in Crime No.1 of 2025 of Central Crime Station, DD, Hyderabad, registered for the offences punishable under Sections 409, 420, 467, 468 and 471 read with 120(b) of the Indian Penal Code, 1860 (IPC).

2. The case of prosecution in brief is that the de facto complainant lodged a complaint on 03.01.2025 at 20.30 hours stating that he is a senior designated advocate and had been practicing law for over 70 years and acquired significant property including plots in Munuganoor Village and flats in Ghaziabad, Noida and Supreme Towers at Delhi. Due to his advanced age, he reduced his travel and decided to sell his Ghazibad flat and for that his grandson i.e., the petitioner herein, offered to help him with the sale and on his assistance, he granted him a General Power of Attorney (GPA) for this, purpose in December 2023. However, in July 2024, some strangers visited his house claiming to be involved in the development of his property based on a registered Development Agreement. On further enquiry, he was discovered that the petitioner had fraudulently portrayed himself as the GPA holder and executed a Development Agreement with M/s. Devika Homes on 16.12.2023, which was registered just a day after the original GPA. The agreement was made without his consent or knowledge. Subsequently, the petitioner was informed of these fraudulent activities and he revoked the GPA in September 2024. It is further stated that his daughter-in-law/Lakshmi Rajyam, the petitioner and his grand- daughter/Koka Hasini accused of selling various plots in Munuganoor Village belonging to him and his relatives, using fabricated death certificates and Aadhar cards including his deceased wife and other relatives. Further, large sums of money were withdrawn from his bank accounts and Fixed Deposit Receipts without his consent. The stolen amounts included Rs.90,00,000/- from his FDRs at UCO Bank in New Delhi, Rs.13,41,111/- from his savings account at Bank of India and Rs.49,06,951/- from the sale proceeds of his Noida flat through his account with the State Bank of India. Hence, the complaint.

3. Heard Sri. Prathap Narayan Sanghi, learned Senior Counsel representing Mr. Avadesh Narayan Sanghi, learned counsel for the petitioner, Dr. J. Vijaya Laxmi, learned counsel for respondent No.2, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1 State.

4. Learned Senior Counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the present crime. The respondent No.2 himself executed the General Power of Attorney in favour of the petitioner on 15.12.2023. Pursuant to the same only, the petitioner executed Development Agreement in favour of the Devika Homes on 16.12.2023 in respect of the property covered thereunder. Hence, the allegation made by respondent No.2 that the petitioner created and forged the document does not arise. Further, respondent No.2 had cancelled the GPA in favour of the petitioner on 12.09.2024. The entire allegations levelled in the complaint against the petitioner are purely civil in nature and there