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Judgment
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 the event of his arrest in connection with Crime No.90 of 2022 of Parvatipuram Town Police Station, Parvathipuram Manyam District.
2) A case has been registered against the petitioner for the offences punishable under Sections 420 r/w 34 of I.P.C.
3) The accusation that has been alleged against the petitioner is that the de facto complainant is working as a Lecturer in a private College, Visakhapatnam and purchased Baleno Granite gray zeto model car bearing No.AP 31 EP 7050 in the name of his wife. The said car was being used for running on rental basis. In the month of January, 2021, an agreement was entered with A.1 and A.2 at YSR Cricket Stadium, Visakhapatnam to ply the car on rental basis at Rs.28,000/- per month. The only accusation against the petitioner is that he along with A-2 did not pay the rental amount to the de facto complainant within the stipulated time and they were postponing to pay the amount. In respect of that, on the report lodged by the de facto complainant, present crime has been registered against the petitioner for the offences punishable under Section 420 R/w 34 of IPC.
4) The contention of the learned counsel for the petitioner is that entire case of the prosecution against the petitioner is false and that the petitioner is innocent.
5) On the other hand, learned Assistant Public Prosecutor opposed the petition on the ground that investigation is still pending.
6) Heard. Perused the record.
7) A perusal of the entire record goes to show that on the accusation that the rental amount has not been paid to the de facto complainant, a case came to be filed as against the petitioner. Only with a view to harass the petitioner, the present crime appears to have been registered against him. Truth or otherwise of the accusations has to be decided by the police during investigation.
8) In view of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner at this stage.
9) 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 Station House Officer, Parvatipuram Town Police Station, Parvathipuram Manyam District 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.
10) Accordingly, the Criminal Petition is allowed.
Consequently, miscellaneous applications pending, if any, shall stand closed.