M Adinarayana Reddy v. The State of Andhra Pradesh
CRLP/7936/2025 · 2025-08-03
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27413 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27413 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE iPRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7936 OF 2025 Between: M Adinarayana Reddy, S/o. Konda Reddy Aged about 45 years, Occ: Sub-Registrar, Office of the Sub-Registrar, Kollipara, Guntur District, Andhra Pradesh, R/o. Kollipara Village and Mandal, Guntur District, AP. Petitioner AND The State of Andhra Pradesh, Rep.by.State Public Prosecutor, High Court of A.P, Through its SHO, Nallapadu PS, Guntur District. Respondent/Complainant Petition under Section 438 of Cr.P.C./482 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to enlarge the Petitioner on bail in the event of his arrest in connection with the Cr.No.629 of2024 dated 29.08.2024 Nallapadu PS, Guntur District. lA NO: 1 OF 2025 Petition under Section 528 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to grant interim bail to the Petitioner/Accused by directing the Respondent Nallapadu P.S., Guntur Urban District not to arrest the petitioner in Crime No.629/2024, dated 29.08.2024, pending disposal of the main petition. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. Y NAGI REDDY Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER:
The Criminal Petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) / Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner on pre-arrest bail in Crime No.629 of 2024 of Nallapadu Police Station, Guntur District, registered against the Petitioner herein for the offences punishable under Sections 318(4), 338, 340(1) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) The facts in brief, as presented by the prosecution, are that complainant owns a site measuring an extent of 1.83 acres at Gorantia Village, registered in the name of his wife, Padmaja, under Document No.5304/2006 of the Guntur Joint Sub-Registrar Office dated 24.04.2006. The complainant's wife Padmaja passed away on 28.02.2022, after which he decided to transfer the said land to the names of his children.
A few days prior to lodging the complaint, he obtained the Encumbrance Certificate (EC) and was shocked to find that the property had been registered in the name of one Chinathareddy Maheswara Reddy
07.10.2023. Upon further inquiry, it came to light that Accused Nos.1 to 4 and others had allegedly created 18 fake documents resembling genuine ones, using impersonators acting as the original landowners, thereby cheating the complainant. Hence, the complainant approached the police station and lodged the present report seeking necessary legal action. 2. on
3. Heard learned counsel for the Petitioner and the learned Public Prosecutor. Sri Y. Nagi Reddy, the 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 bread winner of his family; he is ready to abide any conditions to be Imposed by this Court; and he further submits that on 25.07.2025, the District Registrar, Palnadu, issued a press note clarifying that, in respect of alleged transaction, the Sub-Registrar, Koritepadu, where the petitioner previously worked, he has nothing to do with the registration affairs. The role of the petitioner
4. was limited to the extent of seeing whether the properties were mentioned in the list of prohibition or the marker value was properly mentioned. The entire alleged incident occurred in the office of the Narasaraopeta, Sub-Registrar, but not in the Sub-Registrar Officer of Koretipadu, where the petitioner earlier worked. Hence it is urged to grant pre-arrest bail to the petitioner. 5. Per contra, Ms.P. Akhila Naidu, the learned Assistant Prosecutor, opposed in granting pre-arrest bail stating that investigation is not yet completed. If the petitioner is granted pre-arrest bail, he will not be available for the investigation. It is further submitted that the petitioner, with the active assistance and Involvement of 16 accused persons, created several General Power of Attorney (GPA) documents, which were fraudulently registered by impersonating Padmaja, (deceased). Accused No.2 allegedly impersonated deceased K. Padmaja, and the fact that both shared the exploited to perpetrate the fraud. It is further contended that the petitioner, being a responsible Sub-Registrar, conspired with the other accused and facilitated the impersonation of the deceased K. Padmaja by Accused No.2.
A total of 18 GPA documents Public other one K. the same name was were created and processed through the petitioner. It is also submitted that Accused Nos.2 and 3 confessed that Accused Nos.18 and 19 demanded bribes from them for processing the applications and registering the GPA documents. Accused No.19 is the present petitioner, and Accused No.18 is the Sub-Registrar of Narasaraopeta. Perused the record. 6. 7. The petitioner is working as Sub-Registrar at the Sub-Registrar Office, Kollipara, Guntur District. Earlier, he served as the Sub-Registrar at the Koretipadu Sub-Registrar Office. As seen from the record, the District Registrar, Palnadu issued a press note clarification 25.07.2025, which remains undisputed. It was stated therein that the documents registered at the Koretipadu Sub-Registrar Office processed In accordance with the procedure prescribed under the Registration Act. However, it was also informed that an enquiry is on were
ongoing against the staff of the Sub-Registrar Office, Narasaraopet, and if any illegalities or irregularities are found in the course of the enquiry, appropriate action would be taken against the concerned Sub-Registrar and the in-charge Registrar. So far, the petitioner has been arrayed Accused No.19. Upon perusal of the complaint lodged by the de facto complainant, it Is noted that a total of 21 persons have been named as as accused, and the petitioner is mentioned as the 17th individual in that list. The specific allegation against the petitioner is that he conspired with other accused persons and facilitated the registration of 18 General Power of Attorney (GPA) documents. It is further alleged that the accused persons conspired to Impersonate one K. Padmaja (deceased) as Accused No.2, who shares the same name, and used that to register the said GPAs. 8. The learned counsel for the petitioner submits that the petitioner has maintained an exemplary track record throughout his service. He has been working a Sub-Registrar for the past 16 years.
In as recognition of his good workmanship, an ISO certificate was issued to him by the appropriate authority. As a Sub-Registrar, the petitioner is vested with quasi-judicial powers and, registration, he is bound to follow the procedure and prescribed under the Registration Act. Except for the while entertaining any regulations confessional statements of Accused Nos.2 and 3, which refer to Accused Nos.18 and 19, both officials of the Registration Department, there is no other material available on record against the petitioner. The public servant with petitioner is a a fixed place of residence. Therefore, the apprehension that he may abscond or flee from the process of law does not arise. 9. Considering the nature of the allegations leveled petitioner and the alleged role played in this case by the petitioner in this case, this Court feels It appropriate to grant pre-arrest petitioner, being a government servant. In the result, the Criminal Petition is allowed with the following against the bail to the
10. conditions:
i. In the event of her arrest, the Petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the the satisfaction of the arresting police officials; like sum each to ii. The Petitioner/Accused shall make investigation as and when required; iii. The Petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. himself available for Sd/- M. Srinivas ASSISTANT REGISTRAR Aj SECTION OFFICER //TRUE COPY// To,
1. The Station House Officer, Nallapadu Police Station, Guntur Urban District. 2. One CC to Sri. Y NAGI REDDY, Advocate [OPUC]
3. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh Amaravati. [OUT]
4. One spare copy JSS Note: The words “lady and” in paragraph No.9 of order dated 04/08/2025 are deleted as per court’s order dated 06/08/2025 in I.A.No. 2 of 2025.
Substitute this amended order in the place of earlier order which dispatched on 05/08/2025. was Sd/- M. Srinivas Assistant Registrar
HIGH COURT DR.YLR, J DATED:04/08/2025 (06/08/2025) BAIL ORDER (AMENDED) CRLP.No.7936 of 2025 ALLOWED 4