G. SURESH SURESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioner/A1 in the event of his arrest in connection with Crime No.343/2017 of Alipiri Police Station, Chittoor District, wherein the petitioner is alleged to have committed the offences punishable under Sections 420 r/w 34 of the Indian Penal Code, 1860 (for short "IPC") and Sec. 156(3) Cr.P.C.

(2.) The case of the prosecution is that the petitioner has entered into an agreement of sale for transfer of the property of plot no.10 in Sy.No.705/2 of an extent of 1292.5sq.feet with the complainant on 29.10.2015 for an amount of Rs.13,00,000.00 and took Rs.12,00,000.00 as advance. But subsequently, without registering the said property to the complainant, the petitioner has sold it to some other person and the petitioner has not repaid the advance amount to the complainant, with an intention to cheat him. On the complaint of the complainant, FIR was registered on 07.9.2017 under Sec. 420 r/w 34 IPC and Sec. 156(3) Cr.P.C. The respondent investigated and filed charge sheet showing A1 i.e. petitioner herein as absconding and his whereabouts are not known and also stated that A1 and A2 have committed the offences punishable under Sec. 420 r/w 34 IPC.

(3.) Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.