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High Court of Andhra Pradesh · body

2025 DAILYLAW 27774 (AP)

P Kariyappa v. THE STATE OF ANDHRA PRADESH

CRLP/7970/2025 · 2025-08-06

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO " CRIMINAL PETITION NO: 7970 OF 2025 :o * V i ? / V / \ I*t A w If \ /' t Between: 1. P Kariyappa, S/o P Sanna Thimmappa, Aged 53 years, R/o. H. No. 11- 3, D Gollahatti, Madakasira, Sri Sathya Sai District. 2. P Srinivasulu, S/o Sanna Thimmappa, Aged 43 years, R/o. H. No. 11- 03, D Gollahatti, Madakasira, Sri Sathya Sai District. 3. P Murali Krishna, S/o Sanna Thimmappa, Aged 41 years, R/o. H. No. 11-03, D Gollahatti, Madakasira, Sri Sathya Sai District. 4. P Sridhar, S/o Sanna Thimmappa, Aged 39 years, R/o. H. No. 11-03, D Gollahatti, Madakasira, Sri Sathya Sai District. 5. P Priyanka, W/o P Murali Krishna, Aged 28 years, R/o. H. No. 11-03,D Gollahatti, Madakasira, Sri Sathya Sai District. Petitioner/Accused No. 1 to 6 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati Respondent Petition under Section 482 of BNSS praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the Station House Officer, Madakasira Police Station, Sri Sathya Sai District to release the petitioners/ Accused No. 1 to 5 on bail in the event of their arrest in connection with Cr.No.No.99/2025 of Madakasira Police Station, Sri Sathya Sai District lA NO: 1 OF 2025 Petition under Section 482 of BNSS, praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant interim bail to the petitioners in connection with Cr.No.99/2025 of Madakasira Police Station, Sri Sathya Sai District, Pending disposal of CRLP No.7970 of 2025, on the file of the High Court. Counsel for the Petitioner: Smt Y.Sudeshna, Advocate Counsel for the Respondent: Public Prosecutor, High Court of AP THE COURT MADE THE FOLLOWING ORDER 3 Dr. YLR, J Crl.P.No.7970 of 2025 Dated 07.08.2025 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’) petitioners/accused Nos.1 to 5 for granting of pre-arrest bail in connection with Crime No.99 of 2025 of Madakasira Police Station Sri Satya Sai District, registered for the alleged offences punishable under Sections 420, 467, 468, 471, 120b and 447 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’). 2. The case of the prosecution is that on 01.06.2019 at Eguva Gollahatti Village, Madakasira Mandal, the petitioners/accused Nos.1 to 5 of D.Gollahatti Village, forged the documents and used them illegally to get the land conspired and fraudulently registered an extent of 5.00 acres of the land in survey No.510 of Melavayi Revenue Village, in the name of the accused No.5, including 3.75 acres belonging to the de facto complainant by mutating in the name of the accused No.5, through online entries and criminally trespassed into the land and also attempted to sell the land for their personal gain by using forged documents as genuine, without the knowledge and consent of the de facto complainant by cheating the de facto complainant. The incident was reported on Dr. YLR, J Crl.P.No.7970 of2025 Dated 07.08.2025 15.07.2025 at 1:30 P.M. by the de facto complainant Sri Thippemarappa. A case was registered based on the said complaint given by the de facto complainant. 3. Smt. Sudheshna Yakkala, the learned counsel for the petitioners, contends that the petitioners are innocent of the alleged offence and has been falsely implicated by the police. She argues that petitioners are in the possession of the property. Therefore, the question of trespassing into the property of the petitioners does not arise. The petitioners fiied certain documents and contend that the disputed land is in the name of the petitioners. It is further submitted that the petitioners abide any conditions that may be imposed by this Court, and it i to grant pre-arrest bail to the petitioners. are ready to IS urged 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Prosecutor vehemently opposed the grant of Public pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on pre-arrest bail, there is a strong likelihood that they 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. 5 Dr. YLR, J Crl.P.No.7970 of 2025 Dated 07.08.2025 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. On perusal of the record, it appears that there are disputes with regard to the land between the petitioners and de facto complainant. The petitioners have relied on certain documents and contend that they are the absolute owners of the property. The dispute about the enjoyment and possession of the property is of civil in nature. 7. Considering the gravity and nature of the allegations levelled against the petitioners, this Court deems it fit to grant pre-arrest bail to the petitioners. 8. In the result, the Criminal Petition is allowed with the following conditions: In the event of their arrest, the petitioners/Accused I. No.1 to 5 be enlarged on bail subject to they executing personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), each with two sureties for the like sum each to the satisfaction of the arresting police officials; The petitioners/Accused Nos.1 to 5 shall make themselves available for investigation as and when required; 6 Dr. YLR, J Crl.P.No.7970 of2025 Dated 07.08.2025 iii. The petitioners/Accused Nos.1 to 5 shall not any threat, inducement or promise to the prosecution witnesses: cause The petitioners/Accused Nos.1 to 5 shall before the Station House Officer concerned week i.e. IV. appear once in a on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. V. The petitioners/Accused Nos.1 to 5 shall not leave the district limits without the express permission from the Station House Officer concerned, vi. The petitioners/Accused Nos.1 to 5 shall surrender their passports, if any, to the investigating officer. If they claim that they does not have passports, they shall submit affidavit to that effect to the Investigating Officer. an SD/- G.HELANAIDU ASSISTANT REQISTRAR SECTION OFFICER //TRUE COPY// For To, 1. The Station House Officer, Madakasira Police Station, Sri Satya Sai District. 2. One CC to Smt Sudheshna Yakkala, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. One spare copy HIGH COURT DR.YLR, J DATED: 07/08/2025 BAIL ORDER CRLP.No.7970 of 2025 ALLOWED )