Extracted from the PDF above. The PDF is authoritative.
HON'BLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION No. 1253 OF 2025 ORDER:
As per the directions of My Lord the Hon'ble the Chief Justice, this criminal petition has been allotted to this Bench by notice dated 25-03- 2025 and the same is treated as part of the roster effective from 26-03-
2025. 2. This criminal petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, is filed by the petitioner-accused No. 1 seeking to release her on bail in the event of arrest in crime No. 223 of 2024 of Thimmapuram Police Station, Kakinada District, registered for the offences punishable under Sections 316 (5), 319 (2), 318 (4), 316 (2), 336 (2) and 351 (2) read with Section 61 (2) of Bharatiya Nyaya Sanhita. 3. Heard Sri G.L.Nageswar Rao, learned counsel appearing for the petitioner-accused No. 1, and learned Additional Public Prosecutor appearing for the respondent-State. 4. Case of the prosecution is that de facto complainant is doing business under the name and style of M/s. Priyanka Minerals and Projects LLP since long time. The petitioner, who is accused No. 1, and accused No. 2 induced de facto complainant that they would provide
2 foreign investors to invest in his company and for that, the latter has to pay commission to the former. Accordingly, de facto complainant and its sister concern companies paid an amount of Rs.79,50,000/- towards agents advance commission to both accused Nos. 1 and 2. Having received the above said commission, accused Nos. 1 and 2 did not bring any foreign investors and accordingly, they evaded to answer de facto complainant. When de facto complainant contacted accused Nos. 1 and 2 over phone on 18-11-2024 and demanded them to repay the amount which was paid towards agents advance commission, the latter revealed their true colours. Having come to know about the cheating committed by accused Nos. 1 and 2, de facto complainant gave a report to police, on the basis of which the present crime has been registered. 5. Sri G.L.Nageswara Rao, learned counsel appearing for the petitioner-accused No. 1, contends that the alleged transactions took place about 2 ½ years back and that no details have been furnished in the FIR about the payment towards agents advance commission. 6.
Learned Additional Public Prosecutor, on the other hand, contends that the petitioner was also involved in similar type of offence previously, of course she was granted bail, which is the subject matter of crime No. 60 of 2024 of City Crime Branch Police Station, Coimbatore City. 3
7. In the light of the above facts and circumstances, as allegations of cheating are levelled against the petitioner-accused No. 1 involving huge amount of Rs.79,50,000/-, this Court is not inclined to grant anticipatory bail to the petitioner-accused No. 1 at this stage. 8. Accordingly, the criminal petition is dismissed. However, the petitioner-accused No. 1 can surrender before the appropriate Court and move a regular bail application if she is advised to do so. On such application being filed, the same shall be disposed of on its own merits uninfluenced by the present order within a period of five days thereafter. _____________________
JUSTICE K.SURESH REDDY Date: 01-04-2025, JSK
4 HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION No. 1253 OF 2025
DATE: 01ST APRIL, 2025
JSK