The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.4230 of 2025

Order

:

This Criminal Petition is filed by the petitioner/accused No.1, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.286 of 2025 of Kukatpally Police Station, Cyberabad District, registered for the offence punishable under Section

318(4) of BNS.

2. Heard Smt. Nuzhath Sultana, learned counsel representing Sri Mohd. Barkat Ali, learned counsel for the petitioner/accused No.1 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

3. The case of the prosecution is that the de facto complainant is a non resident of India and is living in Dubai, since 28 years and frequently visits Hyderabad to take care of his family. Sri Adepu Nagaraju S/o. Rajiah, was introduced by his cousin as a realtor, doing real estate business since 10 years and said that he is the owner of the land in Survey No. 1007, situated at Kukatpally village, and only revenue mutation is pending and has taken money from him by way of cash and bank transfers and used to pay whenever he needs and he told him that if once the revenue records gets updated, then he would transfer the title of the land title in his name, but there is no land on his name and the documents shown by him were fabricated. All these transactions have taken place in the year 2019-2020, the payments were done though online in the year 2019 and 2020, which is total a sum of Rs.1,85,00,000/- and also some payments were made through cash. The complainant could not follow up the same, due to corona, all flights were suspended from Dubai for certain period. When he returned to Hyderabad and enquired about the land, it came to his knowledge that there was no land on his name, he just showed fake papers and promised to register the land. Upon which, when the complainant asked to return the money, he threatened to kill him if he opened his mouth anywhere about these transactions. Basing on the complaint, the police registered a case in Crime No. 286 of 2025 of Kukatpally Police Station, Cyberabad/ Ranga Reddy District under Section 318(4) BNS. The petitioner is apprehending arrest in connection with the above Crime.

4. Learned counsel for the petitioner/accused No.1 submits that the petitioner was not made an accused in Crime No.286 of 2025 and the de facto complainant also not made any allegations against the petitioner/accused No.1 in the complaint. However, the Station House Officer, Kukatpally Police Station, insisting the petitioner to come to the police station for the purpose of investigation in the absence of any allegation and they are trying to implicate the petitioner as accused. Unless the petitioner was granted anticipatory bail, he will put to great irreparable loss and hardship. He further submitted that he is ready and willing to cooperate with the investigating officer and also abide by the conditions that may be imposed by the Court.

5. Learned Additional Public Prosecutor, basing on the written instructions of the Sub-Inspector of Police, Kukatpally Police Station, submitted that during the course of investigation in Crime No.286 of 2025, the I.O addressed a letter to the Bank Manager, IOB, Balanagar branch with a request to furnish transaction details of A/c.No.34000100000091 of the petitioner as well as to freeze the said account as bank transactions took place between accused and the petitioner. He further submitted that as on today, the petitioner was not made an accused in the present crime. However, the investigating officer will follow the procedure prescribed under Section 35(3) of BNSS.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offence alleged against the petitioner is under Section 318(4) of BNS and punishment is below 7 years. Taking into facts and circumstances of the case and also the