Telangana High Court
CRLP/8413/2019 of Sachin Saheb Rao Labde Vs State of Telangana on 30 December 2019
DAY OF DECEMBER TWO THOUSAND AND NINETEEN :PRESENT: THE HON'BLE JUSTICE G.SRI DEVI CRINIINAL PETITION NO: 8413 OF 2019 Between: Sachin Saheb Rao Labde, S/o. Saheb Rao Dada Rao Labde Petitioner/Accused-3 ANI) State ofTelangana, Rep by its Public Prosecutor, High Court at Hyderabad, through
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
MONDAY. THE THIRTEITH DAY OF DECEMBERTWO THOUSAND AND NINETEEN:PRESENT:THE HON'BLE JUSTICE G.SRI DEVI
CRINIINAL PETITION NO: 8413 OF 2019
Between:Sachin Saheb Rao Labde, S/o. Saheb Rao Dada Rao Labde Petitioner/Accused-3
ANI)
State ofTelangana, Rep by its Public Prosecutor, High Court at Hyderabad, through PS. CCS.DD. Hyderabad Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in thepetition and the grounds filed herein, the High Court may be pleased to grant Anticipatory Bailto the Petitioner/Accused No.3 and direct the Police WCO Team XI, CCS DD Hyderabad or anyother arresting officer to release him on bail in the event of his arrest in FIR No 78 of 2019 dated10-04-2019 of Police WCO Team XI, CCS, DD, Hyderabad.
Counsel for the PetitionerSRI K. DUIIGA PRASAT)Counsel for the RespondentADDL. PUBLIC PROSECTITORThe Court made the follorving; &.el //
THT} HONOURABLE JUSTICE G. SRI DEVICRIMINAL PETITION NO. 8413 of 2Ol9
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ORDER:
This Criminal Petition, under Section 438 of the Code ofCriminal Procedure, 1973, is filed by the petitioner/A3 for grant ofanticipatory cail in Crime No.78 of 2Ol9 of P.S., C.C.S.,D.D.Hyderabad, r,3gistered for the offences punishable under Sections406, 4O9 , 42O and 120 (B) r lw 34 of IPC.
2. Heard the learned counsel for the petitioner, the learnedAdditional Public Prosecutor representing the res pondent-State andperused the record.
3. The case of the prosecution, in brief, is that A. I and othershave cheated, caused breach of trust and conspired to defraud thede facto complainant and other innocent public under the guise ofproviding dealership for fuel stations across Telangana. Infurtherance ol their evil desire, they have given an advertisementclaiming to se1l the diesel and collected sum of R,s.15.00 lakhs fromthe de facto complainant as security deposit and Rs.30.00 lakhs asbank guarantr:e. but they failed to provide necesrrary infrastructureand other facilities and they also failed to supply fuel to the victimsand they have not commenced any operations. A 1 and others havecollected crores of rupees after receiving the money from the generalpublic, but they failed to provide infrastructure or commence theiroperationsSpromised and failed to refund the money collectedfrom them.
4. Learned counsel for the petitioner would submit that thecompany had not received the refundable security deposit and bankguarantee for the above mentioned amounts. The accused neithercheated nor committed breach of trust as alleged by the de factocomplainant. The FIR does not disclose any offence and theallegations are baseless. The de facto complainant has failed to fulfilhis obligations under the dealership agreement and registered leaseagreement and he did not hand over the completed site as per thespecifications of the compary under the dealership agreement. TheFIR is not maintainable 1n vlew of the non-performance of theobligations of the dealer as specified in the dealership agreement andregistered lease agreement. Therefore, t}:e de facto complainant isbound by the terms and conditions of the dealership agreement.Learned counsel further submits that the de facto complainant istrying to colour the civil dispute as a criminal offence, which is notpermissible under law. Hence, he prayed to grant anticipatory bailto the petitioner.
5. Learned Additional Public Prosecutor representing therespondent-State opposed grant of bail to the petitioners whileconceding to the fact of A. 1 and A.7 having been arrested andreleased on bail, he contended that since the petitioner/A3 is thenative of Mumbai, if this Court inclines to grant bail some conditionsmay be imposed to secure his presence since the investigation is stillgoing on in the present case.
6. In view of the above submissions and since A. I and A.7 havealready been released on bail and having regard to the nature of
allegations 1evel1ed against the petitioner, this [(-ourt ]is inclined togrant anticipzrtorv bail to the petitioner on some conditions.
7. Accordingly, the Criminal Petition is allorved and thepetitioner/A3 is directed to surrender before the Station HouseOfficer, P.S., C.C.S., D.D. Hyderabad, within a period of 15 daysfrom the date: of this order. On such surrende r, the said StationHouse Officer shall reiease the petitioner on bai1, on his executingpersonal bond for a sum of Rs.25,000/- (Flupees twenty fivethousand only) with two sureties for a like sum each to hissatisfaction. However, out of two sureties propor;ed to be furnishedby petitioner one surety must be a resident of his native place. Onsuch release, the petitioner sha1l report befort: the said StationHouse Officer, on every Saturday between 11:C0 A.M" and 01:00P.M., for a period of ten (10) weeks or till filing ol the charge sheet,whichever is earlier and shall abide by the conditions stipulated inSection 438(21 Cr.P.C and co-operate with the investigating officer ininvestigating the case.
To.
SDi. N. [(:HANDRASEKHARA ][RAO]ASSIST,\t\tT [REGI]STRAR
//TRUE COPY//
SECTION OFFICER
IThe.XII Addl. Chief Metropolitan Magistrate, at Nampally, Hyclerabad.
2The Station House Officer, PS Central Crime Station, DD, Hyderabad.
3Two CCs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OLJT)
4One CC to Sri K. Durga Prasad, Advocate (OpUC)5one Spare copy5one Spare copy HIGH COLiRT
GSD.J
DATE:30-12-2019
ORDEIICRL.P. NO.8419 [()r'2019]
PETITION ALLO,WI]I)
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