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2025 DAILYLAW 12519 (AP)

RAYAPATI YELIYA v. THE STATE OF ANDHRA PRADESH

CRLP/3171/2025 · 2025-04-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

EI `-) lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ` TUESDAY, -+HE EIGHTH DAY OF APRIL J*r-k;#:]'_::''€€€±jigRE£ TWO THOUSAND AND TWENTY FIVE .I PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUN CRIMINAL PETITION NO': 3171 OF 2025 Betwee n : Rayapati YeJiya, s/a Ananda Rao, aged about 60 years, occ: Coolie, I/o D.No.1-520, Kesavarajukunta 2nd Lane, Ball'neni Nagar, Ongole Town, Prakasam District. Petitioner/Accused No.5 AND The State Of Andhra Pradesh, through s.H.O. Ongole Taluk Police Station, Prakasam District, rep. by its public prosecutor, High Court, Amaravati. Respondent/Comp[ainant Petit]-on under section 482 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CrI-minalPetition, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with F.I.R.No. 713 of 2023 of Ongole Taiuk Police Station, Prakasam District The petition coming on for hearI'ng, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. K MOHAN RAMI REDDY, Advocate for the Petitioner and of Public Prosecutor for the Respondent; The Court made the following ORDER: APHCO10147732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T IV]ALL[KARJUNA RAO CRIMINAL PETITION NO: 3171/2025 Between: Rayapati Yeliya ."PETITIONER/ACCUSED AND The State Of Andhra Pradesh .HRESPONDENT/COMPLAINANT counsel for the Petitioner/accused: 1.K MOHAN RAMI REDDY counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.482 of the Bharat'lya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A5, seeking anticipatory bail, in crime No.713/2023 of Ongole Taluk, Prakasam District. 2. A case has been registered againStthe PetitiOnerand OtherSfOrthe offence punishable u/sec.467, 471, 447, 427, 506 r/w 34 lPC. 3. Heard ]eamed-counsel for the Petitioner and the learned Assistant public prosecutor representing the respondent/State. r±fsf5f? EEiI L 2 I/ 4, Case of the prosecution, in brief, is that, one suanagunta chenchu Ramaiah, was having an extent of 150 gadies in Sy.No.173/1 in Mukthinuthalapadu Panchayat limits. He sold the same to Thata I Visalakshmi vide document no.2981/1980 and the said Vishalakshi gave GPA to her husband and her husband got the property- registered in the name of his father Venkata Narayana through registered document no.1243/1986 and the said venkata Narayana got it registered in the name of the complainant by way of registered settlement bearing document no.6211/2010 dated 19.4.2010 and since then he is in possession and enjoyment of the same, but with malafide intention the A2 to A4 trying to grab the said property by creating forged documents by showing it as genuine and they got registered the said land to Al vide document no.2459/2015, in which part of the land got registered in the name of his wife through original owner penubothu NirmaI Kumar. A2 {o A4 got the above part of land from one veeramma in the year 2006 by creating forged will and used it as genuine, and Al to A9 criminally trespassed into the land of complainant, removed the boundary stones and demolished the compound wall partially and fabricated fake documents and giving troubles to the complainant and when questioned, threatened them with dire consequences, on that the complainant tumed uP tO POIice station and lodged the report to the police. 5. Heard. Perused the record. . .-._- ct- 6. Learned counsel for the petitioner submits that though the petitioner is shown as A3 initially in the F.I.R but later he is arrayed as A5. The main allegations are against the other accused but not against this accused and the petitioner is aged about 60 years and he has permanent abode and prays to allow the criminal petition. 7. Learned Assistant Public Prosecutor submits that the investigation is at crucial stage in this case and prays to dismiss the criminal petition. 8. As seen from the report of' the defacto complainant, the main a[[egation against the petitioner is that he trespassed into the land of the defacto complainant and he removed the boundary stones. Considering the nature of the accusation made against the petitioner, at best Section 447 [PC and as he said to have threatened the defacto complainaht Section 506 lPC may apply. Both offences are punishable with less than seven years imprisonment. The petitioner is aged about 60 years and according to the-Public Pfosecutor, there are no antecedents against the petitioner. The petitioner has permanent abode at Ongole, as such there is no possibility of his fleeing away from the justice. According to the bal.I order passed by the sessions Judge, indicates that the some antecedents are reported against the petitioner. lt seems that crimes have been registered alleging that there was fabrication of documents and the said attributions are against A3 and A4, but not against this accused. I-I--E= / 4 ~/ 9. Accordingly, the petitioner/A5 is directed to surrender before the concerned police station withI-n a period of two (02) weeks from the date of receipt of a copy of the order and on his surrender the petI'tiOner/A5 shall be released on bail on his executing a person'al bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a "ke sum each to the satisfact['on of the arresting police officials and othe petitioner shall make himself avaI|Iable for investjgatI|On aS and when required and he shall not caLISe any threat, inducement or promI-Se tO the prosecution wI-tneSSeS. Petitioner shall appear before the lnvestiga{jng offI-Cer COnCerned on every Sunday between 10.00 am and 12.00 noon for a period of two (o2) months. 10. Accordingly, the Criminal petitI'On iS allowed. ' SD/-M.SR[NIVAs ,I A ASSISTANTR' //TRUE COPY// To, SECTION OFFICER 1. The station House officer, ongole Taluk police Station, prakasam Djstrjct. 2. One cc to srI-. K MOHAN RAMI REDDY, Advocate [opuc] 3. Two `ccJ§ tb the PUBLIC PROSECUTOR, Hl'gh court of Andhra Pradesh [ouT] 4. One spare copy JSS ¢`-r-t9 -I I. I HIGH COURT TMR, J DATED :08/04/2025 BAIL ORDER CRLP.No.3171 of 2025 ALLOWED