GADAMSETTY KIRAN KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A10 in the event of his arrest in connection with Crime No.237 of 2017 of Proddatur Rural Police Station, Y.S.R. Kadapa District registered for the offences punishable under Sections 420, 406, 506, 120-B, 195-A, 477-A read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C.').

(2.) The case of prosecution is that a complaint was lodged on 09.08.2017 stating that members of Rotary Club and Rotary Mid Town Club approached the complainant and stated that they intend to construct houses to the poor and as they are not having site they requested the complainant to donate land. While donating land the complainant has put a condition of utilizing the land only for the purpose of constructing houses and allotting them to the poor people below poverty line and not to misuse the land for other purpose. By 2001 the Rotary Club and Rotary Mid Town Club have constructed the houses by utilizing the funds of Rotary International Club.

(3.) The further case of the complainant is that the houses were not allotted to the people living under below poverty line. But in violation of the condition which was imposed in the gift deed allotted, the said houses to other persons. The complainant approached the members of Rotary Club and asked them about the said allotment for which there was no reply from them. It is stated that contrary to the terms and conditions they have allotted houses to rich people. Basing on the said complaint present crime is registered.