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2025 DAILYLAW 24481 (AP)

Joga Pravin Kumar v. The State of Andhra Pradesh

CRLP/7160/2025 · 2025-07-17

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

--~_-- i-=-.-` -( lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl i*.q\¥ F. FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE .I PRESENT.I THE HONOURABLE DR JUSTICE Y. LAKSHMANA Between.I CRIMINAL PETITION NO: 7160 OF 2025 `~€:I;+~+``:4:;¥is Joga pravin Kumar, s/o. Rama Krl'shna, Aged about 40 years, occn- employed, R/o Thota varI Street, Nandhamun Nagar, Ajlth Slngh Nagar, Vijayawada -15. ...Petl-tioner/Accused No.7 AND The state of Andhra pradesh, through stall-On House officer, pattabhipuram police station, Guntur, Guntur District, Andhra pradesh. Rep. by its public Prosecutor High court at Amaravathj ...Respondent/complainant petition under section 482 of BNSS praying that in the cl'rcumstances stated in the memorandum of grounds fI-led jn support of the criminal PetI'tiOn, the Hlgh court may be pleased to grant AntICiPatOry ba" to the petitI-Oner ln the above crime No.185/2025 on the file of pattabhipuram police statI'On, Guntur Dl-strict and also to give suitable directions to the Respondent police to release the petitioner / A7 on ba" in the event of thelr arrest jn crlme No 185/2025, on the file of pattabhjpuram police statI'On, Guntur District. The petI-tjOn coming on for hearing, upon perusI'ng the PetI-tl-On and the! memorandum of grounds filed jn support thereof and upon hearing the arguments of SRI MOHANNAIR RAJEEV KUMAR, Advocate for the D-+;+:_.___ ___ I Petl'tioner, and of made the following PUBLIC PROSECUTOR, for the Respondent, the court S=3-===.==€ 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.7 for granting of pre-arrest bail in connection with crime No.185 of 2025 of Pattabhipuram Police Station, Guntur District, registered for the alleged offences punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) r/w 3(5) of of the Bharatiya Nyaya Sanhita, 2023 (for brevity [the BNS'). 2. The case of the prosecution iS that the defaCtO COmPIaina.nt approached chukka Ganesh Guptha through mediators and paid an amount of Rs.75,50,000/-for purchase of the land.tO an extent Of Ac.3.02 cents. A draft sale deed to that effect Was executed On 17.O2.2024 and as per the said sale deed, the Sellers have to register the land within a period of 90 days. However, the registration did not take place as Ganesh Guptha and his wife died on 22.04.2021. Thereafter, the defacto complainant Came tO know that the Petitioner and some others forged the signatures of the deceased, created fabricated I documents and fraudulently registered the land in the name of the 3rd c~jz,, parties. Basing on the report of the complainant, a case was registered against the petitioner/accused. 3. Sri Mohan Nair Rajeev Kumar, learned counsel for the petitioner submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is the sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; if any relief is given, he will not jump any condition as he has fixed abode; and urged to.grant pre-arrest bail to the petitioner. 4. Per confra, Ms. P.Akhila Naid'u, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioner was granted pre-arrest bail, he will repeat the same offence and urged to di`smiss the bail petition. 5. Thoughtful consideration iS bestowed On the arguments advanced by the learned counsel for the petitioner and the learned Assistant Public P rosecutor. 6. Perused the record. 7. Now the point for consideration is: "Whether the Petitioner -IS entitled for grant Of Pre-arrest bail?" 8. As per` the case of the prosecution, Accused No.6 gave a confession v,-c/e mediators report, dated o2.07.2025 at about 09.00 PM t'.'-'\ t,-#' to the investigating officer, in which he referred about the name of the present petitioner, who was subsequently arrayed as Accused No.7. The prosecution submits that there are no adverse antecedents against the petitioner herein. The name of the petitioner is not reflected in the FIR lodged by the defacto complainant and there are no specific overtacts attributed against the petitioner herein. lf any relief is provided, he will adhere to all conditions, since he resides at a permanent address. 9. In view of the nature of the allegations levelled against the petitioner, the alleged role played by him and the nature of alleged confession of Accused No.6 against Accused No.7, this Court deems it appropriate to grant pre-arrest bail to the petitioner/accused. 10. ln the result, the Criminal Petition is allowed with the follovying conditions: lT`+ i. ln the event of his arrest, the petitioner/Accused shall be enlarged on bail subject to executing a personal bond for a sum of Rs.25,000/- (Rupees Twe'nty Five Thousand o-nly),with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The petitioner/Accused shall make himself available for investigation as and when required; i -;JZ=+I iii. Thepetitioner/Accusedshallnot cause any threat, inducement or promise to the prosecution witnesses; iv. The petitic}ner/Accused shall appear before the 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. v. The petitioner/Accused shall surrender his passport, if any, to the Investigating Officer. If he does not have passport, he shall submit an affidavit to the Investigating Officer to that effect. vi. The petitioner/Accused shall not leave the district limits without the express permission from the Station House Officer concerned. //TRUE COPY// For Set/a AI V'EREus€ A`g!gi!S-rA.NT I/ i. Ei;i.#±® T ffi,A iR 1S!=CTi®N ®F"FiCER To, 1. The Station House Officer, Pattabhipuram Police Station, Guntur, Guntur District, Andhra Pradesh. 2. One CC to SRI. MOHANNAIR RAJEEV KUMAR Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. One spare copy PSR HIGH COURT DR.YLR,J DATED:18/07/2025 ANTICIPATORY BAIL ORDER CRLP.No.7160 of 2025 ALLOWED