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2025 DAILYLAW 23552 (AP)

Devandla Narayana v. The State of Andhra Pradesh

CRLP/6893/2025 · 2025-07-15

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010332822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE V PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6893 OF 2025 Between: 1. Devandia Narayana, S/o.Pedda Anjaiah, aged about 49 years, Occ:Agriculturist, R/o.D.No.2-18, Gudipatipalli Village, Veligandia Mandal, Prakasam District, Andhra Pradesh. 2. Battula Edukondalu, S/o.Pedda Anjaiah, aged about 45 years OcciAgriculturist, R/o.D.No.5-66-1, Pathakoochipoodi Palli, Town and Mandal, Prakasam District, Andhra Pradesh. Kanigiri ...Petitioners/Accused Nos.4 & 15 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Nelapadu, Amaravati, through the Station House Officer, Kanigiri P.S., Prakasam District. ...Respondent Petition filed under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused Nos.4 and 15 ’.u •k on bail in the event of their arrest in connection with F.I.R. No. 145 of 2025, dated 04.06.2025 on the file of Kanigiri Police Station, Prakasam District. lA NO: 1 OF 2025 Petition filed under Section 482 (1) of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant interim anticipatory bail to the petitioners/Accused Nos.4 and 15 on bail in the event of their arrest in connection with F.I.R. No. 145 of 2025, dated 04.06.2025 on the file of Kanigiri Police Station, Prakasam District, pending disposal of the Criminal Petition. Counsel for the Petitioners: SRI MALIREDDY GOWTHAM Counsel for the Respondent: SRI NEELOTPHAL GANJI, Assistant Public Prosecutor The Court made the following: > APHC010332822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6893/2025 Between: 1.DEVANDLA NARAYANA, S/0. PEDDA ANJAIAH, AGED ABOUT 49 YEARS, OCC AGRICULTURIST R/0. D.NO.2-18, GUDIPATIPALLI VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 2.BATTULA EDUKONDALU,, S/0. PEDDA ANJAIAH, AGED ABOUT 45 YEARS, OCC AGRICULTURIST R/0. D.NO.5-66-1, PATHAKOOCHIPOODI PALLI, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETmONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court at Nelapadu, Amaravati, through the Station House Officer, Kanigiri P.S., Prakasam District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): MALIREDDY GOWTHAM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.6893of 2025 Dated 16.07.2025 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 petitioners/Accused Nos.4 and 15 for granting of pre-arrest bail in connection with Crime No. 145 of 2025 of Kanigiri Police Station Prakasam District, registered for the alleged offences punishable under Sections 61 (2), 318 (4), 338, 336 (3), 340 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). The case of the prosecution is that the complainant’s father and 2. his father’s friend had jointly purchased Ac.2.00 Cents of land in Survey Nos. 301 and 302 in the year 1990 through Document No. 590/1990. Subsequently, the complainant himself purchased Ac.0.11 Cents from Kola Kristiyanamma in 1993 through Document No. 1060/1993. It is alleged that the accused persons (A1 to A16) entered into a criminal conspiracy, forged documents, and executed a fraudulent General Power of Attorney (GPA) at the Singarayakonda Sub-Registrar Office and thereafter registered the subject land in their names at the Kanigiri Sub-Registrar Office, thereby cheating the complainant and unlawfully interfering with his property rights. Based on the complainant’s report, a ■ 3 Dr. YLR, J Crl.P.No.6893 of 2025 Dated 16.07.2025 case was registered against the petitioners/accused Nos.4 and 15 and others. Mr. M.Malireddy Gowtham, the learned counsel for the petitioners 3. submits that the petitioners have not committed any offence; they are sole breadwinners of their family; they were falsely implicated in this case and urged to grant pre-arrest bail to the petitioners/Accused Nos.4 and 15. 4. Per contra, Mr. Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not yet completed; if the petitioners were granted pre arrest bail, they will repeat the same offence and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, and taking into account the nature of the allegations and the alleged role played by the petitioners, this Court does not deem it fit to grant pre-arrest bail to the petitioners. 7. In the result, the Criminal Petition is dismissed. However, as per the request of the learned counsel for the petitioners, liberty is given to 4 Dr. YLR, J Crl.P.No.6893 of 2025 Dated 16.07.2025 the petitioners/Accused Nos.4 and 15 to surrender before the learned Judicial Magistrate of First Class, Kanigiri, and move an appropriate application before the learned Magistrate. The learned Judicial Magistrate of First Class, Kanigiri, shall endeavor to dispose of the application on its own merits and pass appropriate orders within a reasonable time, preferably in two (02) days. Sd/- M SRINIVAS ASSISTANT REGISTRAR r ^ //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Kanigiri, Prakasam District. 2. The Station House Officer, Kanigiri Police Station, Prakasam District. 3. One CC to Sri Malireddy Gowtham, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of AP at Amaravati. [OUT] 5. Two CD Copies BSV vna -(F HIGH COURT DATED:16/07/2025 ORDER CRLP NO. 6893 OF 2025 DISMISSING THE CRIMINAL PETITION