Telangana High Court

CRLP/15983/2014 of Banja Basappa, Vs The State of Telangana, on 30 December 2014

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SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.15983 of 2014 ORDER : The petitioner, who is the sole accused in Crime No.237 of 2014 of Narayankhed Police Station, Medak District, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in

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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMARCRIMINAL PETITION No.15983 of 2014

ORDER:

The petitioner, who is the sole accused in Crime No.237 of2014 of Narayankhed Police Station, Medak District, filed thepresent application under Section 438 Cr.P.C. seeking release inthe event of his arrest in connection with the above crimeregistered for the offences punishable under Sections 420 and506(ii) IPC.

The case of the prosecution is as under:

Originally, a private complaint, which was filed underSection 200 Cr.P.C. before the Court of the Judicial Magistrate ofFirst Class at Narayankhed, was referred to the police underSection 156(3) Cr.P.C. for investigation and the same came to beregistered as Crime No.237 of 2014 of Narayankhed PoliceStation, Medak District. The averments in the report disclose thatafter purchasing paddy from farmers, the petitioner did not pay anyamount to the farmers inspite of their demands and postponed thepayment of money on one pretext or the other. On 08.10.2014when the informant demanded the petitioner to pay the amount, thepetitioner is alleged to have threatened the informant with direconsequences. Basing on these allegations, the above reportcame to be lodged.

Heard the learned counsel for the petitioner and the learnedAdditional Public Prosecutor.

The averments in the report disclose that the petitioner isalleged to have purchased paddy from farmers, but postponed thepayment of money to the farmers on one pretext or the other. Having regard to the circumstances and taking into considerationthe nature of allegations made, I am not inclined to grantanticipatory bail to the petitioner.

Accordingly, the Criminal Petition is dismissed. However,the petitioner, if so advised, is directed to surrender before theappropriate Court and move an application for bail in theconcerned Court after giving prior notice to the Public Prosecutor,in which event, the same shall be dealt with on merits on the sameday or at least the next day, in accordance with law.

_________________________________

JUSTICE C. PRAVEEN KUMAR

30[th] December, 2014 cbs

THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR

CRIMINAL PETITION NO.15983 of 2014

cbs

30[th] December, 2014

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