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2025 DAILYLAW 20007 (AP)

GADHAMSETTY JANAKI v. THE STATE OF ANDHRA PRADESH

CRLP/5823/2025 · 2025-07-10

A Hari Haranadha Sarma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE Z7 .-PRESENT: THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA `l? CRIMINALPETmONNO:5823OF2025 / Betwee n : Gadhamsetty Janaki, W/o. Prabhakar, Aged 52 years, Occ: housewife, R/o.D.No.35-3-69-146, flat No.203, Happy Homes, Bhaghya Nagar, 2nd Line, Near District Regl'onal Offide, Ongole, Prakasam District. ..Petitioner/Accused No.2 -.---- i •AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi:e-4``- ...Respondent/Complainant ,€-p ) Petition under section 482 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the Petitioners/Accused No.2 on anticipatory bail in the event ofJth'e Petitioners/A-2 arrest in Crime No.35 of 2025 On the fI'Ie of P.S, ThaIIur. The petition coming on for+h'6aring, upon perusing the petition and the grounds filed in support thereof atnd- upon hearing the arguments of sri phani Viswanath challa,-Advocate for the petitioner and of public prosecutor for the Respondent, the court made the following ri H /, HEl` THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5823 OF 2025 ORDER This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of pre-arrest Bail. The petitioner is arrayed as Accused No.2 in Cr.'No.35 of 2025 of Thallur Police Station, Prakasam District, which was registered with the allegation of committing the offences under Sections 467, 468, 471, 506 r/w 34 lPC against the petitioner/accused No.2. 2. While denying the allegations made against him, the petitioner/accused prays for grant of pre-arrest bail. 3. Heard both sides. 4. Point for determination: Point: Whether the petitioner/Accused No.2 is entitled for grant of pre- arrest bail in terms of Section 482 of BNSS? lf so, on what terms? 5. The case of the prosecution, in brief, is that A.1 and A.2 are wife and husband. One Gadhamsetty Prasad, the informant, lodged a complaint stating that while he was residing in London, certain properties belonging to him are misappropriated through fabricated documents prepared by his brother accused No.1 and the petitioner/Accused No.2. It is alleged that when the informant demanded for return of the property, he was threatened with dire consequences. Hence, the petitioner/accused. No.2 is liable for prosecution and punishment for the offence under which the case has been registered. 6. The learned Assistant public prosecutor opposed the bail applicatI'On, stating that the allegations are serI'OuS in nature and that the petitI-Oner does not deserve the benefit of pre-arrest bail. lt was submitted that the matter involves f`orgery and criminal intimidation. EIeven wI'tneSSeS have already been examined by the prosecutI'On. 7. Learned counsel for the petitioner submitted that, there is a civil dispute between the parties, which is the subject matter of o.s. No.140 of 2025 on the file of the Junior CI'Vl'l Judge, Darsi. `It is also submitted that Accused No.1 has already been arrested and released on bail, and the petitioner is aged about 52 years, and there is no specifI'C overt act alleged against her in the complaint. 8. Upon considering the facts and circumstances of the case, the nature and depth of the allegations, the prayer for grant of pre-arrest bail found convincing. 9. In the result, the Criminal Petition is allowed, on the following conditions: i) Petitioners/Accused No.2 is directed to appear before the concerned Station House Officer within two (o2) weeks land on such appearance/Surrender Or arrest, She iS entitled for release on bail, I'n respect of Cr.No.35 of 2025 of ThaIIur Police Station, prakasm Disthct, whI-Ch Was registered with the allegation of committing offences under sections 467, 468, E=_``. 471, 506, r/w 34 lPC on the condition of the petitioner/Accused No.2 executing i bail bond for Rs.25,OOO/-with two sureties for a like sum to the satisfaction of the S.H.O., Thallur Police Station, Prakasm District. ii) The petitioners/Accused No. 2 and her sureties shall furnish their permanent residential address details and identity particulars to the concerned police and keep the police informed about the change in address, if any, time to time. iii) The petitioner/Accused No.2 shall cooperate with the investigation agency, by furnishing necessary and legally permissible information and she shall not interfere with the investigation process like Contacting or influencing the witnesses etc. iv) The petitioner/Accused No.2 shall not leave India, without permission of the concerned Court. Scl/-K`. J. E`#lJA BABU ASSISTANT Tol //T'RUE COPY// •`J; i`. `.``3,:``. SECTION OFF!CEFa 1. The Station House Officer, Thallur Police Station, Prakasam District. f#~ 2. One CCto Sri Phani Viswanath ChaIIa, Advocate [OPUC] f~ *Ei=_ 3. Two CCs toPUBLIC `'PROSECUTOR, Hl-gh Court of A.P., Amaravati.[OUT] 4. One spare copy. PSD HIGH COURT AHHS,J DATED:ll/07/2025 ANTICIPATORY BAIL ORDER CRLP.No.5823 of 2025 ALLOWED