Telangana High Court
CRLP/13635/2018 of Wasia Vs The State of Telangana on 31 December 2018
;iGI-.; COURT OF J-D|CATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE THIRTY FIRST DAY OF.DECEMBER TWO THOUSAND AND EIGHTEEN :PRESENT: THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 13635 OF 2018 Between: '1 . Wasia, W/o. Syed [\/ain
;iGI-.; COURT OF J-D|CATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
MONDAY, THE THIRTY FIRST DAY OF.DECEMBERTWO THOUSAND AND EIGHTEEN
:PRESENT:
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHERCRIMINAL PETITION NO: 13635 OF 2018
Between:
'1 . Wasia, W/o. Syed [\/ain Ahmed,
2. Shaik Rafeeq, S/o. Late Shaik IVlahboob
3. Mohd.Shafiuddln, S/o. Mohd.Sadaruddin,
4. Mohd. Rizwanudd in, S/o. Shafuddin,
Petitioner/A.1 to A.4
AND
1. The State of Telangana, Rep., by its Public Prosecutor, High Court atHyderabad.Hyderabad.
RespondenUComplainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated inthe affidavit filed in support of the Criminal Petition, the High Court may be [pleased ]todirect the S.H.O. P.S. Mailardevpally or any arresting officer to release the [petitioners/]Accused No.1 to 4 on bail in the event of his arrest in Crime No.857 of 2018 of P.SMailardevpally pending enquiry investigation and trial in the above case in the interest ofjustice.
The petition coming on for hearing, upon perusing the Petition and the affldavitfiled in support thereof upon hearing the arguments of IVD ARSHAD KHAN Advocatefor the Petitioners and the PUBLIC PROSECUTOR (TG) for the Respondent , theCourt made the following.
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ORDER
This Criminal Petition, under Section 438 of the Code of CriminalProcedure, 1973, is filed by the petitionersiA.l to A.4, for grant of anticipatory bailin Crime No.857 of 2018 of Mailardevpally Police Station, CyberabadCommissionerate, registered for the offences punishable under Sections 419,420,468, 471, 1208,506 read with 34 of l.P.C.
2. Heard the learned counsel for the petitioners/A.1 to A.4, the learnedAdditional Public Prosecutor representing the respondent-State and perused therecord.
3. The learned counsel for the petitioners/A.1 to A.4 would submit that thepetitioners/A.1 to A.4 are innocent persons and falsely implicated in this case.The petitioner/A.1 purchased the disputed house belonging to the de-factocomplainant. Thereafter, she alienated the same in favour of petitioner/A.2. Thepetitioners/A.3 and A.4 are the witnesses to the said sale deed. There is validsale transaction. Since the market value of the said disputed house belonging tothe de-facto complainant has increased, a false case has been foisted against thepetitioners/A.1 to A.4 and ultimately prayed to allow the application.
4. On the other hand, the learned Additional Public Prosecutor opposed forgrant of anticipatory bail to the petitioners/A.1 to A.4.
5. lt has been contended on behalf of the petitioner/A.1 that she purchasedthe disputed house No.8-15-32/850, Plot No.850 in Survey No.134/20 admeasuring100 square yards situated at Shastripuram, Mailardevpally. There is a validregistered sale document to substantiate the same. A copy of the sale deed saidto have been executed by the petitioner/A.1 in favour of the petitioner/A.2 is filed.
The speciiic alle=:.i:.-: against tf-e .-.,:.:cner;A.'i is [t:tat ][\rJ;-ien ]shL [was ][provicied]shelter in a room of the disputed house, she created a sale deed eliminating [the]entire house, belonging to the de-facto complainant to the [petitioner/A.2. ]lt [has]been contended on behalf of the [petitioner/A.2 ]that he [purchased ]the disputedhouse under registered sale deed No.9058/2018, dated 20.08.2018 of SRO,Rajendranagar. To that document, the petitioners/A.3 and A.4 are the witnesses.It is difficult to state whether there are any mala fides on the part of thepetitioners/A.2 to A.4 or not. Moreover, it is contended that the petitioner/A.2purchased the disputed house for a sale consideration of Rs.9,25,000/-, which isapparent from a copy of the said sale deed placed before this Court. lt appearsthat he is a bona fide purchaser. Therefore, this Court is inclined to grant bail tothe petitioners/A.2 to A.4 under Section 438 of Cr.P.C. on some conditions. Sincethe gravity of the offences alleged against the petitioner/A.1 is high, this Court isnot inclined to grant bail to her under Section 438 of Cr.P.C.
6.
6.
6. Accordingly, the Criminal Petition, insofar it relates to the petitioner/A.1, isdismissed. The petitioners/A.2 to A.4 are directed to surrender before the StationHouse Officer, Mailardevpally Police Station, Cyberabad Commissionerate, withina period of 15 days from the date of this order. On such surrender, the saidStation House Officer shall release the petitioners/A.2 to A.4 on bail on each ofthem executing a personal bond for a sum of Rs.'l0,0001 (Rupees ten thousandonly) with two sureties in a like sum each to his satisfaction. On such release,the petitioners/A.2 to A.4 shall report before the said Station House Officer onevery Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. Thepetitioners/A.2 to A.4 shall also abide by the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, 1973, and shall cooperate with theinvestigating officer in the investigation of the case.
7. The Criminal Petition is, accordingly, allowed in part.Miscellaneous petitions, if any, pending in this Criminal Petition, shallstand closed.
oISTRAR
//TRUE COPY'
FoT ASSISTANT REGISTRAR
To,1. XIV Additional lt/etropolitan Sessions Judge, at L.B.Nagar, Ranga Reddy District2. Vlll Metropolitan l\,4agistrate, Cyberabad, at Rajendernagar, Ranga ReddyDistrict.1. XIV Additional lt/etropolitan Sessions Judge, at L.B.Nagar, Ranga Reddy District2. Vlll Metropolitan l\,4agistrate, Cyberabad, at Rajendernagar, Ranga ReddyDistrict.
3. Additional Junior Civil Judge Cum XVll Metropolitan Magistrate, Cyberabad atRajendernagar.Rajendernagar.
Rajendernagar.I4. The Station House Officer, P.S.Mailardevpally, Ranga Reddy District.
5. One CC to SRl. MD ARSHAD KHAN Advocate [OPUC]
[OPUC]6. One CC to SRl. PUBLIC PROSECUTOR (TG) Advocate [OPUC][OPUC]
7. One Spare Copy
HIGH COURT
DR SAJ
DATED:31/1212018
ORDER
CRLP.No.13635 of 2018
BAIL
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