IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5902 OF 2010. Between: Gunnuri Venkateswara Rao … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad . … Respondent Counsel for the Petitioner : Sri G. Simhadri Counsel for the Respondents : Public Prosecutor The court made the following: (Order follows 2nd page) THE HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 5902 OF 2010 ORDER: This Criminal Petition has been filed seeking anticipatory bail to the petitioner, who is arrayed as A-1 in Cr.No. 76 of 2010 of Kothapeta Police Station of East Godavari district, registered for the offences under sections 420 read with section 34 IPC. 2. The allegations against the petitioner is that the petitioner along with one Boola Chinna (A4) approached the defacto complainant and made him believe that if the complainant gives Rs.50,000/- they will pay Rs.2 lakhs. In view of the financial crisis of the defacto complainant, he accepted for the same. While things stood thus, ten days prior to the offence, the defacto complainant paid Rs.20,000/- to the petitioner (A-1) and three other accused and again they made him to believe that if the balance amount of Rs.30,000/- is paid, they will pay Rs.2 lakhs. Accordingly, the defacto complainant went to Ranga Centre at 11:00 a.m., and found two persons in car bearing No.AP28E-8899 and handed over Rs.30,000/- for which the accused handed over one small zip bag and brought pressure on him to leave the place immediately as police may come. When the defacto complainant opened the bag then he found only white papers and he realized that he was cheated. 3. The learned counsel for the petitioner submits that the petitioner is falsely implicated in the above crime and that he is suffering from jaundice and that if he is arrested his health will be affected. He is ready to obey any condition imposed by this Court. 4. On the other hand, the learned Public Prosecutor vehemently opposed the bail and submitted that so far seven witnesses were examined and that A3 to A5 were arrested and the other accused are yet to be arrested. Investigation is still pending and there are specific overt acts against the petitioner, prima facie case is established against the petitioner. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Admittedly, there are specific overt acts against the petitioner and the investigation is still pending. Taking into consideration the allegations made against the petitioner (A-1) this court is not inclined to grant anticipatory bail to the petitioner at this stage. Hence, the petition is dismissed. ___________________ JUSTICE RAJA ELANGO 07-07-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5902 OF 2010 Circulation Entry No. Date: 07-07-2010 Computer No. 43 Court Master: I s L