Gurram Venkata Prakash vs State Of Andhra Pradesh

K. Sreenivasa Reddy, J

1) The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/A.1 to grant anticipatory bail in connection with Crime No.72 of 2022 of Singarayakonda Police Station, Prakasam District.

2) A case has been registered against the petitioner along with others for the offences punishable under Sections 420 R/w 34 of I.P.C.

3) The accusation alleged against the petitioner is that the de facto complainant is running a cool drink shop at Railway Station road, Singarayakonda Village and Mandal of Prakasam District. It is alleged that A.1 to A.3 approached the complainant on 10.10.2019 and requested to invest the amount approximately Rs.25.00 lakhs for insurance of the said amount of Rs.2 crores and also for vehicle, driver salaries, rent, diesel cost of the vehicle, toll plaza charges includes all funds costs is Rs.25 lakhs. Initially, the complainant was not interested to join as a member of the said transaction. Thereafter, he paid the said amount. Later, complainant requested to repay that amounts, the petitioner and others paid deaf ear and did not pay the said amount. Upon which, the complainant has filed a private complaint for the offence under Section 420 R/w 34 of IPC and the same was referred to the police under Section 156 of Cr.P.C. upon which the police was registered a case in Crime No.72 of 2022 for the aforesaid offences.

4) Heard. Perused the record.

5) Prima facie a reading of the complaint goes to show that some amounts have been invested by the complainant in a trust belonging to the accused. For not repayment of the said amounts, the complainant has resorted in filing the present complaint for the offence under Section 420 R/w 34 of IPC. In order to recover the amounts, the remedy available is to file a civil suit. Instead of filing a civil suit, the complainant has resorted in filing the present complaint only with a view of harass the petitioner.

6) In view of the facts and circumstances of the case, this Court feels that it is a fit case to grant anticipatory bail to the petitioner.

7) Accordingly, in the event of his arrest in the above crime, the petitioner is directed to be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses.

8) Accordingly, the criminal petition is allowed.

Consequently, miscellaneous applications pending, if any, shall stand closed.