c` >~§` _.-\ lN THE HIGH COURT OF ANDH.RA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE .-PRESENT: THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR CRIMINAL PETITION NO: 5618 OF 2025 :`Aq.Lk Betwee n : €f:'? 1. Konidala Prasad @ Konidala Venkata Prasad, S/o Konl-dala SubbaI-ah7 Aged about 59 years, R/o D.No.10-30-7C/2, Janathapet South, Kavali, Nellore, SPSR Nellore District. 2. Manchala Prasad, S/o M Venkateswara Nayudu, Aged about 51 years, R/O D.No. 8-31-24, vykuntapuram,Kavali, Nellore, SPSR Nellore District. 3. Gottipati Ashok @ Ashok Kumar, S/o G Bala Anjaneyulu, Aged about 35 years, R/o Bapuji Nagar, Near Municipal Flats, Kavali, Nellore, SPSR Nellore District. 4. Shaik Shanwaz @ shanavaz, s/o shaik peer Ahamad Basha, Aged about 56 years, R/o D.No. 10-48-16B, Kacherimitta, Kavali, Nellore, SPSR Nellore DI®StriCt. Petitioners/Accused No.1,3 to 5 AND The State of Andhra Pradesh, Rep.by its Public Prosecutor High Court of A.P at Amaravathi. Respondent Petition under section 438 of Cr.P.C & 482 of BNSS, 2023 is fI-ledi Praying that in the circumstances stated in the affidavit filed in support of the' Crl'minal petition, the High Court may be pleased to release the Petitioners / Accused No. 1, 3 to 5 on Anticipatory bail in the event of arrest in connection: with crime No. 21 of 2025 dated: 04.03.2025 under Sections 329(4), 308(2), 338, 341(2), r/w3(5) BNS. On the file of Kavali ll Town Police Station, SPSR Nel[ore District. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed I-n SuPPQ`rf thereof and upon hearing the arguments of; Sri SIVAPRASAD REDDY VENATI Advocate for the petitI-Oner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following The Court macle the following order: The present Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by the petitioners/A1, A3 to A5 for granting of anticipatory bail in connection with Crime No.21 of 2025 on the file of Kavali II Town' Police Station, SPSR Nellore District, registered for the offences Punishable under Sections 329(4), 308(2), 338, 341(2) I/w 3(5) BNS. 2. lt is the c-ase of the prosecution that, ori o4.03.2025 the accused trespassed into FIat No.5C of Sri Venkateswara Towers Apartments, Janathapeta North of Kavali town. lt is further case of the prosecution that, Al created possessory agreement of sale dated 09.08.2016 in favour of A2, in respect of FIat No.5C of the said apartment. Admittedly, suit v,lde os No.214 of 2017, on the' file of V Additional District Judge Court, Nellore, is pendI'ng adjudicatl'on between the petitioners and the c/e facfo COmPIainant. 3. On the.other hand, the learned counsel f'or the petitioners would submit that the petitioners did not involve in the alleged crime and they were falsely I-mPliCated by de J:acfo complainant. They did not commit any offence as alleged. He would further *l-I r-i,I c#,-¢>,- /. submit that] even on reading of the contents of the complaint it would reflect that, the /,ls between the parties is c-IVil in nature. He I would further submit that, A2 filed a criminal petition w-de CRLP No.4486 of 2025 before this Court and the same is allowed by order dated 23.06.2025. Copy of the said order is placed before this Cou`rt. 4. Per confra, the learned Assistant Public Prosecutor opposed the bail application stating, that, the petitioners with a malafide intention to knock away the property of the de -racfo complainant created false and fabricated documents in respect of Flat No.5C of the said apartment. lt is further stated that, the investigation is still pending and in the event the petitioners are released on anticipatory bail, they will not cooperate with the investigation. 5. Heard learned counsel for the petitioners and learned Assistant Public Prosecintor. 6. Perused the mate'rial available on record. 7. Having considered the submissions made by both the leamed counsel and the nature of allegations against the `.-_ `\~ .\ petitioners, this Court is inclined to allow the present application with the following conditions: i) [n the event of arrest of the petI'tiOnerS, the Petitioners Sha[[ be enlarged on bail on executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for like sum to the satisfaction of the Sub-Inspector, Kavali ll Town Police Station, SPSR Nellore District; ii) The petitioners shall make themselves available for investigation as and when required; iii) The petitioners shall not cause any threat, inducement or promise to the prosecution witnesses; 5. Accordingly, the Criminal Petition is allowed. Sd/- IK.'T`A+A R.Ao //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kavali ll Town Police Station, SPSR Nellore District. 2. The V Additional District & Sessions Judge, NeIIore. 3. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] 4. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 5. One spare copy HIGH COURT TCDS,J DATED :26/06/2025 BAIL ORDER CRLP.No.5618 of 2025 ALLOWED