Pothuguntla Rajesh vs. The State Of Andhra Pradesh
Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Lalitha Kanneganti
Case Status:Unknown Status
Order Date:13 Jul 2021
CNR:APHC010226362021
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Lalitha Kanneganti
Listed On:
13 Jul 2021
Original Order Copy
Get a certified copy of this order
Order Text
$\operatorname{HIGH}$ court of andhra pradesh at amaravati
$\begin{tabular}{ll} MAIN CASE No: & CRLP No.3598 of 2021 \end{tabular}$
COURT PROCEEDINGS
| Item.<br>No. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 13.07.2021 | <b>LKJ</b> | ||
| ORDER:- | |||
| This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest<br>bail to the petitioners/A-3 and A-6 in the event of their arrest in connection with Crime No. 575 of 2021 of Nallapadu Police<br>Station, Guntur Urban District registered for the offences punishable under Section 420 and 417 r/w 34 of the Indian Penal<br>Code, 1860. | |||
| 2.<br>A report was lodged by <i>de facto</i> complainant stating that they are about 200 members in their village and for the past<br>many years, the accused and their children collected money from them in deceitful manner and claiming responsibility for the<br>said money. The accused have acquired sites, and gold with the said money and finally cheated them. Since they are daily wage<br>earners, they are suffering a lot. In the meanwhile, they came to know that the accused are leaving the village to evade the<br>payment of money. Basing on the said complaint, the present crime is registered. | |||
| Heard Sri Ramarao Kochiri, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the<br>3.<br>respondent-State. | |||
| Learned counsel for the petitioners submits that the report was lodged making all omnibus allegations and there are no<br>4.<br>specific allegations against the petitioners and entire family of the petitioners has been implicated in this case for the reasons<br>best known to them. In the complaint, it is nowhere stated that when, where and how the petitioners have taken money from<br>the complainant and other villagers that itself shows that petitioners have been implicated in this case. It is stated that all the<br>petitioners are residing at Hyderabad and working as Software Engineers at Hyderabad as such, the petitioners are<br>unconnected with any of the allegations made in the complaint. Hence, the case of the petitioners may be considered for pre<br>arrest bail. | |||
| 5.<br>On the other hand the learned Assistant Public Prosecutor submits that investigation is pending and so far eight<br>witnesses were examined and already accused Nos.1, 2 and 4 were arrested. He submits that initially offences under Sections<br>420 and 417 r/w 34 IPC were registered, subsequently, Section 5 of the Depositors Act was added. He submits that a proposal<br>sent to transfer this case to CID. It is submitted that custodial interrogation of the petitioners is necessary, as such, they are<br>not entitled for pre arrest bail. | |||
| Looking at the allegations in the complaint where there are no specific overt acts against the petitioners herein and<br>6.<br>particularly taking into consideration the fact that these petitioners are residing at Hyderabad working as Software Engineers<br>and <i>prima facie</i> it appears that without any specific overt acts, the entire family is arrayed as accused. Hence, this Court deems<br>it appropriate to grant pre-arrest bail to the petitioners. | |||
| 7.<br>Accordingly, this Criminal Petition is allowed. The petitioners/A-3 and A-6 shall be released on bail in the event of their<br>arrest in connection with Crime No. 575 of 2021 of Nallapadu Police Station, Guntur Urban District on condition of executing<br>self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the<br>Station House Officer, Nallapadu Police Station, Guntur Urban District. the petitioners shall co-operate with the investigation.<br>The prosecution is at liberty to move an application for cancellation of bail if the petitioners fail to comply with any of the<br>conditions imposed.<br>Consequently, miscellaneous applications pending, if any, shall stand closed. | |||
| <b>LKJ</b> | |||
| KA |
Share This Order
Case History of Orders
Similar Case Search