Sri Kunta Jalander Reddy vs The State Of Telangana
2023 Latest Caselaw 1144 Tel

          HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA

                  CRIMINAL PETITION No.2027 of 2023
ORDER:

1. Heard Sri C.Vikram Chandra, learned counsel for the

petitioner as well as the learned Additional Public Prosecutor

who is representing the Respondent-State.

2. Seeking pre-arrest bail, the present Criminal Petition is

filed under Section 438 Cr.P.C. on behalf of the petitioner,

who is arrayed as Accused No.1 in Crime No.509 of 2022 of

Korutla Police Station, Jagtial District.

3. Stating that the petitioner is innocent, learned counsel

for the petitioner contends that except the alleged

confessional statement of Accused No.2, there is no

incriminating material that is collected by the investigating

agency and even the said confessional statement of the

co-accused is invalid in the eye of law as per the judgment of

the Hon'ble Apex Court in the case of Tofan Singh Vs.State

of Tamil Nadu1 and therefore, the petitioner is entitled for

anticipatory bail.

(2013)16 SCC 31

Dr.CSL,J Crl.P.No.2027 of 2023

4. On the other hand, the submission of the learned

Additional Public Prosecutor is that the petitioner, along with

other accused, conspired together and misappropriated huge

sum and the amount misappropriated by the petitioner along

with Accused No.2 is Rs.72,00,000/- and the investigation is

still in progress and therefore, the petitioner is not entitled for

the relief claimed.

5. In reply to the said submission, learned counsel for the

petitioner contends that the concerned Police are under

obligation to follow Section 41-A Cr.P.C. and the guidelines

issued by the Hon'ble Apex Court in the case between Arnesh

Kumar Vs.State of Bihar & Anr.2.

6. The allegation that is levelled against the petitioner is

that the petitioner, along with Accused No.2, conspired

together and misappropriated a sum of Rs.72,00,000/-. The

said amount was sanctioned in the name of Self Help Group's.

Also, so far as the amount of Rs.10,00,000/- which is the

subject matter of the complaint given by the defacto

complainant is concerned, the cheque in question was

presented in the Bank by the petitioner and obtained cash of

Rs.9,55,000/-. Also, as per the investigation done, the entire

(2014) 8 SCC 273

Dr.CSL,J Crl.P.No.2027 of 2023

transaction between the accused and the concerned Banks

was done in the form of liquid cash. The submission of the

learned Additional Public Prosecutor, as earlier indicated, is

that the investigation is still pending.

7. Having regard to the gravity in the allegations levelled,

this Court is of the view that the request of the petitioner

cannot be honoured.

8. Resultantly, the Criminal Petition stands dismissed.

However, the Station House Officer, Korutla Police

Station/Investigating Officer is directed to follow Section 41-A

Cr.P.C. and the guidelines issued by the Hon'ble Apex Court

in Arnesh Kumar Vs.State of Bihar & Anr in case such

guidelines are required to be followed having regard to the

offences alleged to have been committed by the petitioner.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA

Date:10.03.2023 ysk

Dr.CSL,J Crl.P.No.2027 of 2023

HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA

CRIMINAL PETITION No.2027 of 2023

Date:10.03.2023 ysk

Dr.CSL,J Crl.P.No.2027 of 2023