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2025 DAILYLAW 23094 (AP)

Jalagadugula Devi v. The State of Andhra Pradesh

CRLP/6683/2025 · 2025-08-05

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA r! CRIMINAL PETITION NO: 6683 OF 2025 '■H rc^i; Between: Jalagadugula Devi, W/o.Ravi Kumar, Aged 29 years, R/o. D.No.21-4/1-100 Bunga Veedhi, Vizianagaram, Vizianagaram District. .... Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, Honble High Court of Andhra Pradesh at Amaravati through Rajanagaram Police Station East Godavari District. .... Respondent/Complainant Petition under Section 482 of Cr.P.C is filed is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner /Accused No.2 in connection to the FIR No. 197 of 2025, Dt. 14-05-2025 of Rajanagaram Police Station, East Godavari District U/Sec. Sections 318 (4), 338, 336 (3), 340 (2) r/w 3(5) of Bharatiya Nyaya Sanhita. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI B.SUDHAKAR KUMAR Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER Dr. Yl CrLP.N0.6683 of202. Dated 06.08.2025 . The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No. 197 of 2025 of Rajanagaram Police Station, East Godavari District, registered for the alleged offences punishable under Sections 318 (4), 338, 336 (3), 340 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) 2. The case of the prosecution is that on 14.05.2025, the de-facto complainant reported that he was informed by some known persons that certain activities were taking place at his site. He then obtained Encumbrance Certificate and found that Accused Nos. 1 and 2 had executed a sale deed on 27.12.2024. Upon further enquiry, he came to know that the accused had created false certificates showing that he and his wife were deceased, and had also fabricated a false family member certificate, falsely declaring that the two accused were their daughters. They further made a publication in a newspaper stating that the original title deeds of the property were lost, and subsequently executed a sale deed in favour of two persons, namely Kandula Saibabu and Attili Poshi an Dr. YLR, J Crl.P.No.6683 of2025 Dated 06.08.2025 Veera Bhadra Rao and cheated them forged by .the valuable wills and other important documents. securities, 3. Sri B.Sudhakar Kumar, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, she is ready to abide any conditions that may be imposed by this Court to grant pre-arrest bail to the petitioner. and it is urged 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Prosecutor vehemently opposed .he grant of Public pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that she may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner Assistant Public Prosecutor. Perused the record. and the learned 4 Dr. Yl. CrI.P.N0.6683 of 202l Dated 06.08.2025 6. On perusal of the record, it appears that Accused Nos.1 and 2 allegedly created some false documents purported to have been prepared by the de-facto complainant and sold away the property which is in question. The de-facto complainant lodged a civil suit in O.S. No. 22 of 2025 on the file of the learned Principal District Judge, East Godavari at Rajamahendravaram, whereupon the civil suit was made over to another learned Additional District Judge for trial and disposal. Later, on 14.05.2025, the de-facto complainant lodged a report, which was registered as a case in Cr.No.197 of 2025 of Rajanagaram Police Station, East Godavari District. Considering the gravity and nature of the allegations leveled against the petitioner/Accused No.2, her alleged role played in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused 7. No.2. 8. In the result, the Criminal Petition is allowed with the following conditions: In the event of her arrest, the petitioner/Accused I. No.2 shall be enlarged on bail subject to she executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty 5 Dr. YLR, J Crl.P.No.6683 of 2025 Dated 06.08.2025 Five Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; The petitioner/Accused No.2 shall make herself II. available for investigation as and when required; The petitioner/Accused No.2 shall not cause III. any threat, inducement or promise to the prosecution witnesses; The petitioner/Accused No.2 shall-appear before the IV. Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The petitioner/Accused No.2 shall not leave the V. district limits without the express permission from the Station House Officer concerned. vii. The petitioner/Accused No.2 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have passport, she shall submit an affidavit to that effect to the Investigating Officer. SD/- G.HEL^NAIDU ASSISTANT^J^jSTRAR //TRUE COPY// SECTION OFFICER To, 1. The SHO, Rajanagaram Police Station East Godavari District. 2. One CC to SRI. B.SUDHAKAR KUMAR Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.[OUT] 4. One spare copy KSR HIGH COURT DR.YLR, J DATED:06/08/2025 BAIL ORDER CRLP.No.6683 of 2025 ALLOWED