KURAKALA RAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioner/A2, seeking anticipatory bail in Crime No.150 of 2019 on the file of the S.H.O., Jayashanker Bhupalpally Police Station, Bhupalpally District, registered for the offences punishable under Sections 420, 468, 471, 447, 427 and 506 r/w 34 IPC.

(2.) Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for respondent-State.

(3.) Learned counsel for the petitioner submits that a plain reading of complaint shows that there are no specific overt-acts against the petitioner to attract the offences registered against him and hence, F.I.R. is illegal and arbitrary. He further submits that A1 has already filed O.S.No.38 of 2019 on the file of the II Addl. Senior Civil Judge, Warangal, seeking declaration of title and perpetual injunction. He further submits that the present criminal proceedings initiated against the present petitioner is nothing but abuse of process of law. He further submits that in order to overcome the suit and pressurize the petitioner in respect of the property for compromise, the de facto complainant has initiated present criminal proceedings. He further submits that the Civil Court has jurisdiction to deal with the property and declare that who are the original owners of the property. The petitioner is innocent of the allegations leveled against him and he hails from respectable family and he is a law abiding citizen and if the case is proceeded, he will lose his reputation in the society, which he is enjoying since a long time. He further submits that the de facto complainant has roped the petitioner in the instant complaint with the sole intention to create pressure upon him and hence, he prays to grant anticipatory bail to the petitioner.