Shaik Jelani Basha @ Jilani, v. The State of Andhra Pradesh
CRLP/2608/2024 · 2025-06-24
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14327 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14327 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOS: 2540 AND 2608 OF 2024 CRIMINAL PETITION NO: 2540 OF 2024: APHC010177172024 r. Between: Poasinaboina Kiran Kumar, S/o.P.Venkatanna, aged about 45 years, R/0.H.N0.45-142-A, Ramalingeswara Nagar, Kurnool. ...Petitioner/Accused No.2 AND
1. State of Andhra Pradesh, Through its SHO, Kurnool IV Police Station, Kurnool District (Rep by its Public Prosecutor, HC of A.P). ...Respondent
2. The State of Andhra Pradesh, through Station House Officer, CID, Amaravathi, Mangalagiri, Rep by its Special Public Prosecutor, High Court of AP. (Respondent No.2 is impleaded as per the Court Order dated 03.02.2025 in I.A.No.1 of 2025 in Crl.P.No.2540 of 2024.) ...Respondent/Respondent No.2
Petition filed under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail in the event of Petitioner/Accused No.2 arrest in Crime No.94 of 2024 dated 16.03.2024 registered under Sec.420, 409, 467, 471 r/w 34 of Indian Penal Code on the file of Kurnool IV Town Police Station, Kurnool District. Counsel for the Petitioner: Sri S.V.Ruthvik Counsel for the Respondents: Assistant Public Prosecutor CRIMINAL PETITION NO: 2608 OF 2024: APHC010175712024 S Between: Shaik Jelani Basha @ Jilani, S/o.Shaik Hussain Peeran, aged about 50 years, R/o.H.No.103, Sri Gayatri Hospital, Kallur (M), Kurnool Town. ...Petitioner/Accused No.1 AND
1. The State of Andhra Pradesh, Through SHO, Kurnool IV PS, represented by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent
2. The State of Andhra Pradesh, through Station House Officer, CID, Amaravathi, Mangalagiri, Rep by its Special Public Prosecutor, High Court of AP, Amaravati..
(R2 is impleaded I.A.No.1 of 2025 in Crl.P.No.2608 of 2024.) per the Court Order dated 27.01.2025 i as m ...Respondent/Respondent No.2 Petition filed under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime No,94 of 2024 on the file of S.H.O., Kurnool IV Town Police Station, Kurnool District for the offences punishable under Sections 420, 409, 467, 471 r/w 34 of IPC lA NO: 1 OF 2024 Petition filed under Section 438 (1) of Cr.P.C circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to release on the interim anticipatory bail in CrNo.94 of 2024 registered by the Kurnool IV Town Police Station. Kurnool District, in the event of arrest, pending disposal of the CRLP.2608 of 2024 on the file this Hon’ble Court. Counsel for the Petitioner: Ms. Ayesha Azma S Counsel for the Respondents: Assistant Public The Court made the following: praying that in the Prosecutor
APHC010177172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2540/2024 Between: ...PETITIONER/ACCUSED Poasinaboina Kiran Kumar AND ...RESPONDENT/COMPLAINANT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner/accused:
1.S V RUTHVIK Counsel for the Respondent/complainant(S);
1. PUBLIC PROSECUTOR (AP) The Court made the following:
APHC010175712024 COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) IN THE HIGH [3457] 0 WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE c,n/p TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE HARINATH.N rplMINAL PETITION NO: 2608/2024 THE Between: Shaik Jelani Basha @ Jilani, ...PETITIONER/ACCUSED AND ...RESP0NDENT/C0MPLA1NANT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused:
1 .AYESHA AZMA S Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR (AP) The Court made the following;
-3- the HON'BLE SRI JUSTICE HARINATH.
N CRUyilNAL PETITION Nnc; and 2608 nf 9n7A COMMON ORDFR ; 1 • The petitioners are seeking bail before arrest in Crime No.94 of 2024 on the file of Kurnool IV Town Police Station for alleged 409, 467, 471 read with 34 of IPC. offence under Section 420,
2. It is alleged that the petitioners have created the Government. some documents and have cheated An amount of Rs.5,28,90,000/- was claimed towards expenditure for treatment patients. It petitioners have prepared fabricated bills claiming the amount from Aarogyasree filed by the District Coordinator for the of various ailments of also alleged that the IS and submitted them for Trust. A complaint Aarogyasree. was
3. It is alleged in the complaint that 1470 admitted for treatment for claim was came to know the fraud and patients were allegedly paralysis. It is submitted that the said a fake claim and that the District Coordinator has as such filed a complaint. 4. Learned counsel appearing for the petitioners submits that the petitioners are politically active and have been targeted as they have joined the opposition party, as such were targeted. It iIS submitted that treatment was given to the patients and that the
verified by contacting the patients or their attendants. However, without any material on record which would implicate the petitioners for the alleged offences, the petitioners are targeted. same can be the other hand submits
5. Learned Assistant Public Prosecutor on that the petitioners tried to secure and that the learned District Judge dismissed their bail before arrest before the District Court bail petition. It is submitted that there are serious allegations of tune of more than creation of fake reports and public money to a has been misappropriated. It is submitted that five crore rupees the police may required to do custodial interrogation for eliciting the true facts. 6. Considering the submissions of the learned counsel for petitioners Assistant Public Prosecutor. This Court is of the that deeper probe and a comprehensive investigation is to be and also considering the submissions of the learned have surrendered and the learned view conducted counsel for petitioners that the petitioners before the concerned Court and seek regular bail. inclined to entertain the petitions. Accordingly
7. This Court is not both criminal petitions are dismissed. -5- As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The I Additional Sessions Judge, Kurnool, Kurnool District. 2. The Station House Officer, Kurnool IV Town Police Station District. 3. One CO to Sri S.V.Ruthvik, Advocate [OPUC]
4. One CO to Ms.Ayesha Azma S, Advocate [OPUC]
5. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT]
6. Two CD Copies Kurnool BSV sree It
HIGH COURT DATED:25/06/2025 COMMON ORDER CRLP NOS. 2540 AND 2608 OF 2024 Of g( 0 9 SEP 2025 ntSectio: C3 rr* I Co' DISMISSING BOTH THE CRIMINAL PETITIONS