Citation : 2025 Latest Caselaw 5544 Tel
Judgement Date : 17 September, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.11385 of 2025
ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-
arrest bail to the petitioners, who are arrayed as accused Nos.1
and 2 in Crime No.169 of 2025 before the Sangareddy Town Police
Station, Sangareddy District.
2. The brief facts of the case are that the de facto complainants
lodged a report before the Police stating that Kanakadurga Chit
Funds Pvt. Ltd., Sadashivpet Branch, collected their monthly chit
payments in three schemes but failed to pay the prize or refund the
amounts. They claimed to have paid more than Rs.12,00,000/- in
total. They further alleged that the company closed its branches
and its officials, including the petitioners, did not return the
amounts despite repeated requests.
3. Heard Sri N. Amarnath, learned counsel appearing on behalf
of the petitioner as well as Sri D. Arun Kumar, learned Additional
Public Prosecutor appearing on behalf of the respondent - State.
SKS,J
4. Learned counsel for the petitioners submitted that the
complaint was false and of civil nature and that the petitioners
were running a registered chit fund company under the Chit Fund
Act, 1982, and not a financial establishment under the TSPDFEA.
He further submitted that no deposits on interest were accepted
and the complainants, if aggrieved, should have approached the
Registrar of Chits for recovery under Sections 64 and 66 of the Act.
He contended that petitioner No.1 had resigned as director in the
year 2022, but was falsely implicated. He relied on earlier
judgments where similar cases under Section 5 of the TSPDFEA
were quashed. Therefore, he prayed the Court to grant pre-arrest
bail to the petitioners by allowing this criminal petition.
5. On the other hand, learned Additional Public Prosecutor
opposed the same stating that the allegations leveled against the
petitioners are serious in nature. He further submitted that the
investigation was not yet completed and there are lot of victims in
this case. Therefore, at this stage, granting of pre-arrest bail to the
petitioners does not arise and prayed the Court to dismiss the
criminal petition.
6. In the light of the submissions made by both learned counsel
and upon a perusal of the material available on record, it appears
SKS,J
that the petitioners were arrayed as accused Nos.1 and 2. As seen
from the record, there are several victims and a huge amount is
involved in this case. Further, the investigation is still in progress.
It is also noted that there are four other criminal cases pending
against the petitioners of a similar nature, which prima facie
indicates a habitual course of conduct. At this stage, granting pre-
arrest bail would hamper the investigation and may also result in
tampering with evidence or influencing the witnesses. Considering
the gravity of the allegations, the magnitude of the financial loss
caused to the victims, and the antecedents of the petitioners, this
Court is not inclined to grant pre-arrest bail and the criminal
petition is liable to be dismissed.
7. Accordingly, this criminal petition is dismissed.
Miscellaneous applications, if any pending, shall stand
closed.
_______________ K. SUJANA, J Date: 17.09.2025 SAI
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