Extracted from the PDF above. The PDF is authoritative.
1
HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.3881 of 2025
Order:
This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein/A1, seeking anticipatory bail, in connection with Crime No.12 of 2025 of Kadiri Town Police Station, Sri Satyasai district.
2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 318(4), 338, 308(5) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
3. Case of the prosecution, in brief, is that in the year 2023, when the de facto complainant approached A1 and his son A2 for loan of Rs.06.00 Lakhs, they gave Rs.1,40,000/- to the de facto complainant and stated that in order to get remaining loan amount, she has to mortgage her property. Then she agreed to mortgage her property of Ac.06-92, situated in Survey Nos.91 and 93 of Maddivarigondi village, Gandlapenta Mandal. Taking advantage of the fact that the de facto complainant could not read or write Telugu, A1 and A2 along with their associates A3 and A4
2
and others forged a sale deed document instead of mortgage document without the knowledge of the de facto complainant and her daughters, taken their signatures, and got registered the said land in the name of A2 and elder daughter of the de facto complainant, thereby cheated the de facto complainant. It is also alleged that the accused threatened the de facto complainant with dire consequences and forcibly took the money and document from her.
4.
Learned counsel for the petitioner submits that the alleged incident was said to have taken place in the year 2023, but the present complaint is filed on 17.01.2025 i.e., after lapse of two years. There is absolutely no explanation for the said delay. 5. On the other hand, learned Additional Public Prosecutor representing the respondent/State submits that against the petitioner herein/A1 some other similar cases were also registered and the modus operandi of the petitioner herein is to induce people and take documents from them, thereby cheating them by obtaining their signatures. 6. Heard. Perused the record. 3
7. The accusation against the petitioner herein is that an amount of Rs.1,40,000/- was lent to the de facto complainant in the year 2023 and he informed her that in order to get the remaining loan amount, she has to mortgage her property i.e., Ac.06-92, situated in Survey Nos.91 and 93 of Maddivarigondi village, Gandlapenta Mandal. Taking advantage of the illiteracy of the de facto complainant, the accused are alleged to have prepared a sale deed and obtained the signatures of the de facto complainant and her daughters on the pretext that the document is a mortgage deed. In respect of the said dispute, a civil suit was filed in OS No.612 of 2024 on the file of the learned Junior Civil Judge, at Kadiri, Ananthapur district. In the said suit, nothing has been stated as against the petitioner herein that he threatened the de facto complainant. The alleged incident is said to have taken place in the year 2023, but surprisingly the de facto complainant has not resorted in filing any complaint against the accused at earliest point of time. After lapse of two years i.e., on 17.01.2025, the de facto complainant has resorted in filing the present complaint. There is absolutely no explanation with regard to the delay as to why the complainant has filed the complaint at
4
a belated stage. It is represented that A2 was already granted anticipatory bail by this Court. 8. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein/A1 on the following conditions.
i) In the event of arrest of the petitioner/A1 in the above crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) 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. iii) Petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 AM and 01.00 PM till filing of charge sheet. 9. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:29.04.2025 Nsr
5
HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.3881 of 2025
Dated:29.04.2025 Nsr