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High Court of Andhra Pradesh · body

2025 DAILYLAW 16723 (AP)

YALE CHENNA BASAPPA v. THE STATE OF ANDHRA PRADESH

CRLP/4740/2025 · 2025-07-07

T C D Sekhar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ h N ¥ APHC010222992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE EIGHTH DAY OF JULY fl TWO THOUSAND AND TWENTY FIVE |S PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION NO: 4740 OF 2025 O Between: 1. Yale Chenna Basappa, S/o late Mallappa, aged 35 years, Occ:Business, R/o. H.No. 17-43-2, Madhavaram Road, Adoni, Kurnool District, PIN-518301. 2. Smt. Yalle Chaitra, W/o Yalle Malleshappa, aged 32 years, Occ Household, R/o. H.No. 17-43-1, Madhavaram Road, Adoni, Kurnool District PIN-518301 ...Petitioners AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor Court of Andhra Pradesh at Amaravati, through Station House Officer, Adoni I Town Police Station, Adoni, Kurnool District 2. Raichooti Subbaiah, S/o Raichooti Ramaiah the chairman Management of Shree Mahayogi Lakshmamma Cooperative Bank aged about 45 years. Flower Bazar, Adoni. (Respondent 2 is impleaded as per the court order dated 08.05.2025 i IA.No.01 of 2025 in Crl.P.No.4740 of 2025.) High of Board of Ltd, Adoni, in ...Respondents Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioners /accused No.2 & 3 on bail in Crime No.48/2025 on the file of Adoni I Town P.S, Adoni, Kurnool District. Counsel for the Petitioners: SRI. B SIVA KESAVA REDDY Counsel for the Respondent No.1 : SRI. PUBLIC PROSECUTOR Counsel for the Respondent No.2 : SRI. VIVEKANANDA VIRUPAKSHA The Court made the following order: 1 APHC010222992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION NO: 4740/2025 Between: 1.YALE CHENNA BASAPPA, B1. S/0 LATE MALLAPPA, AGED 35 YEARS, OCCBUSINESS, R/0. H.NO.17-43-2, MADHAVARAM ROAD, ADONI, KURNOOL DISTRICT, PIN-518301. 2.SMT. YALLE CHAITRA, W/0 YALLE MALLESHAPPA, AGED 32 YEARS, OCC HOUSEHOLD, R/0. H.NO.17-43-1, MADHAVARAM ROAD, ADONI, KURNOOL DISTRICT, PIN-518301 ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, ADONI I TOWN POLICE STATION, ADONI, KURNOOL DISTRICT 2.RAICHOOTI SUBBAIAH, S/0 RAICHOOTI RAMAIAH THE CHAIRMAN OF BOARD OF MANAGEMENT OF SHREE MAHAYOGl LAKSHMAMMA COOPERATIVE BANK LTD, ADONI, AGED ABOUT 45 YEARS, FLOWER BAZAR, ADONI. RESPONDENT 2 IS IMPLEADED AS PER THE COURT ORDER DATED 08.05.2025 IN I.A.NO.01 OF 2025 IN CRL.P.NO.4740 OF 2025. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioners /accused -V 2 No.2 & 3 on bail in Crime No.48/2025 on the file of Adoni I Town P.S, Adoni Kurnool District. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased Placed to permit the petitioner to be impleaded Respondent No.2 in the above Criminal petition and pass Counsel for the Petitioner/accused(S): 1.B SIVA KESAVA REDDY Counsel for the Respondent/complainant(S): 1. VIVEKANANDA VIRUPAKSHA 2. PUBLIC PROSECUTOR The Court made the following: as 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION NO: 4740 of 2025 ORDER The present Criminal Petition is filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to grant anticipatory bail to the petitioners/A2 and A3 in connection with Crime No.48 of 2025 on the file of Adoni I Town Police Station, Adoni, Kurnol District for the offences registered under Sections 318(4), 340(1), 335, 316(5) and 61(2) read with 3(5) of BNS. 2. It is the case of the prosecution that the petitioners conspired with A1 and A4 and obtained financial assistance from Sree Mahayogi Lakshmamma Co-operative Town Bank Limited, Adoni. It is the specific case of the prosecution that the petitioners along with A1 obtained an amount of Rs.3,24,00,000/- by producing fabricated documents as if they are the owners of the property mortgaged to the Bank. It is further case of the prosecution that the petitioners did not repay the said amount and when the Bank tried to auction the mortgaged properties they approached the Sub-Registrar concerned and in turn the said authority informed that the property does not belong to the petitioners and the same is fabricated by the petitioners along with A1 and with the active connivance of A4, the CEO of Sree Mahayogi Lakshmamma Co-operative Town Bank Limited. Therefore the present crime was registered against the petitioners. 4 f 3. On the other hand, learned counsel for the petitioners would submit that the petitioners did not commit any offence as alleged by the police and it is contended that they have obtained certified copies from the concerned Sub- Registrar and therefore, by no stretch of imagination, it can be said that the documents which were submitted to the Bank are fabricated. Learned counsel for the petitioners would further submit that the petitioners are ready to pay entire loan amount if some breathing time is given and prays to allow the present application. Per contra, learned Assistant Public Prosecutor and the learned counsel appearing for the 2""^ respondent would submit that in order to get wrongful gain, the petitioners along with A1 and A4/CEO of the Bank created fake and fabricated documents and with the help of A4, the petitioners have obtained financial assistance for an amount of Rs.3,24,00,000/-. They would further submit that after sanction of the loan, the petitioner did not choose to repay any amount and thereby the account was declared as NPA. Later they found that the documents produced by them are fake and forged. 4. The learned counsel for the 2""^ respondent would further submit that A4 filed a separate application seeking to grant anticipatory bail in Crime No.48 of 2025 and this Court upon hearing the petitioner therein dismissed the said 5. application by order, dated 25.06.2025. 6. Learned Assistant Public Prosecutor would further submit that if the petitioners are enlarged on bail, it is difficult to secure their presence. He > 5 would further submit that, the investigation is pending. He would further submit that no amount is recovered from the petitioners nor they paid any installment to the complainant-Bank and prays to dismiss the present application. Having regard to the submissions made by learned counsel on record and coupled with the fact that Criminal Petition No.4234 of 2025 filed by A4 was dismissed by order, dated 25.06.2025, and considering the gravity of the offence alleged against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Further, though, the petitioners, sought for one time settlement to pay the amount through legal notice dated 13.01.2025, 7. to show their bonafides, no amount is paid till today. Accordingly, the Criminal Petition is dismissed. 8. 4* .'’S }. As a sequel, pending applications, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANJ REGISTRAR //TRUE COPY// SECTKfN OFFICER To 1. The Station House Officer, Adoni I Town Police Station, Adoni, Kurnool District 2. One CC to Sri. B Siva Kesava Reddy Advocate [OPUC] 3, One CC to Sri. Vivekananda Virupaksha Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Two CD Copies PR NM HIGH COURT DATED:08/07/2025 ORDER CRLP NO. 4740 OF 2025 of ANOffjg o> g ?2SE^?n75 m. ’t^ . Current section ^ DISMISSING THE CRLP