APHC010365362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7544 OF 2025 Between: Irla Pedda Thirupathaiah, S/o.Chinna Rosaiah, aged 61 years, OcciAgriculture, R/o.3-252, V.R.Nagar, Chandra Sekhar Puram, Prakasam, A.P. ...Petitioner/Accused AND The State of Andhra Pradesh, Station House Officer, Kanigiri Police Station, Prakasam District, Rep.by its Public Prosecutor, High Court, Amaravathi, Guntur District. ...Respondent Petition filed under Section 438 of Cr.P.C/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 release the petitioner on bail in the event of arrest in FIR No. 145 of 2025 dated 04-06-2025 of Kanigiri Police Station, Prakasam District, Andhra Pradesh. Counsel for the Petitioner: Sri Trupthi Agarwal Counsel for the Respondent: Ms.P.Akhila Naidu, Assistant Public Prosecutor The'Qdurt made the following: APHC010365362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIRST. DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7544/2025 Between: IRLA PEDDA THIRUPATHAIAH, S/0 CHINNA ROSAIAH, AGED 61 YEARS, OCC AGRICULTURE, R/0 3-252, V.R NAGAR, CHANDRA SEKHAR PURAM, PRAKASAM, A.P. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Station House Officer Kanigiri Police Station, Prakasam District, Rep.by its Public Prosecutor High Court, Amaravathi Guntur District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: TRUPTHI AGARWAL Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 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 Dr. YLR, J Crl.P.No.7544of 2025 Dated 01.08.2025 ^ the petitioner/Accused No. 12 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’). 2. The case of the prosecution is that the complainant’s father and 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 case was registered against the petitioner/accused No. 12 and others. 3. Ms.Trupthi Agarwal, 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, he is ready to 3 % Dr. YLR, J Crl.P.No.7544 of 2025 Dated 01.08.2025 abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of 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 he 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. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. Considering the gravity and nature of allegation levelled against Accused No.5 and Accused No. 16, this Court vide order dated 16.07.2025 in Crl.P.No.6739 of 2025 declined to grant prearrest bail, but directed the Accused Nos.5 & 16 to surrender before the learned Judicial Magistrate of First Class, Kanigiri and move an application for their release. A direction was given to the learned Judicial Magistrate to dispose of the application on its own merits and pass appropriate orders within a reasonable time, preferably within two days. The petitioner is Accused No. 12. The allegation is that the GPA was fabricated. The 4. 5. 4 Dr. YLR, J Crl.P.No.7544 of 2025 Dated 01.08.2025 & nature of the dispute in between the defacto complainant and the petitioner and other accused is civil in nature. The Petitioner being Accused No. 12 contends that he is the 7. genuine GPA holder and the authenticity of the registered GPA has to be confirmed by the competent Civil Court. The Petitioner was implicated in this case because of the political influence. As seen from the record and taking into account the nature and gravity of the allegations and the alleged role played by the petitioner/A-12, this Court does not deem it fit to grant pre-arrest bail to the petitioner/A-12. In the result, the Criminal Petition is dismissed. However, as per 8. the request of the learned counsel for the petitioner, liberty is given to the petitioner/Accused No. 12 to surrender before the learned Judicial Magistrate of Fist 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 RAMESH BABU DEPUTY REGISTRAR dfl^^FICER //TRUE COPY// SE 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 Trupthi Agarwal, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 5. Two CD Copies BSV sree HIGH COURT DATED:01/08/2025 ORDER CRLP NO. 7544 OF 2025 DISMISSING THE CRIMINAL PETITION