THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7282 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.4 on bail in Cr.No.137of 2025 ofPattabhipuramPolice Station, Guntur District, registered against the petitioner/Accused No.4 herein for the offences punishable under Sections 420, 467, 468, 471 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.’) 2. Facts, in brief, of the prosecution are thatthe complainant lodged a report on 24.03.2025 stating that her grandmother, late Smt. Sakuntala, was a promoter and director of M/s. Janachaitanya Housing Private Limited, holding a 28.5% share in the company. Prior to her demise on 13.05.2024, she executed a valid registered Will (Codicil) bearing Document No. 84/2024 at the Sub-Registrar Office, Nallapadu, on 01.05.2024, through which she distributed her properties among her family members. As per the said Will, her share in M/s. Janachaitanya Housing Private Limited had already been transferred to Siram Bhaskara through Document No. 42/2022 dated 11.04.2022, and no share of the property was allotted to Suvarna Lakshmi. Madala Sudhakar, Suvarna Lakshmi, and others conspired to commit fraud by creating a fake and unregistered document dated 05.05.2024, falsely claiming title over the properties. Further, they have impersonated late Sakuntala after her death on 13.05.2024 in order to fabricate the said false and forged 2 Willdated 05.05.2024, thereby attempting to unlawfully claim rights over the estate. 3. Heardlearned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Ms.Ayesha Azma, learned counsel forthe petitioner submits that the petitionerhas not committed any offence; petitioner wasfalsely implicated by the police in the crime; petitioner isthe sole breadwinner; petitioner would abide by any conditions to be imposed by this Court. Hence, if any condition is imposed while granting the bail, Petitionerwould not violate it; and it is urged to allow the petition. 5. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitionerwas enlarged on bail, he would not be available for the investigation and Petitioner may threaten the witness;he would escape from the clutches of law; and urged to dismiss the bail petition. 6. The allegations against the present petitioner are that A1 and A2 have conspired with the present petitioner and also A3 and A5 to fabricate fake Codicil to knock away the property of the complainant and to grab 28.5 % share of the complainant at M/s.Janachaitanya Housing Private Limited. It is brought to the notice that this Court in I.A.No.2 of 2025 in Criminal Petition No.7423 of 2025 granted stay of all further proceedings in Crime No.137 of 2025 in respect of the accused No.3. Similar order was passed in favour of 3 the A1 & A2 vide order dated 01.07.2025 in I.A.No.2 of 2025 in Crl.M.P.No.6537 of 2025. Thus, there has been stay in the case for further investigation. There is a civil suit pending between the defacto complainant and the accused. The petitioner has been in the judicial custody for the past 26 days. He was arrested on 24.06.2025. 7. Considering the nature of the allegations levelled against the petitioner, his alleged role played in the case, stay granted by this Court and the period of detention undergone by the petitioner, this Court deems it fit to enlarge the petitioner on bail with the following stringent conditions: i.The petitioner/Accused No.4 shall be enlarged on bail subject to them executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Judicial First Class Magistrate of Prohibition & Excise, Guntur. ii.The petitioner/Accused No.4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. iii.The petitioner/Accused No.4 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 4 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.07.2025 PKR 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7282 of 2025 Date: 21.07.2025 PKR