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2025 DAILYLAW 28063 (AP)

B Rajendra v. THE STATE OF ANDHRA PRADESH

CRLP/8060/2025 · 2025-08-13

Y Lakshmana Rao

body2025

Judgment text

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APHC010398402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8060/2025 Between: B Rajendra ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. N RANGA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.8060 of 2025 Dated 14.08.2025 ORDER: The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused in the event of his arrest in connection with Crime No.82 of 2025 of Bathalapalli Police Station, Sri Sathya Sai District, for the offences punishable under Sections 318(4), 338, 340(2) of Bharatiya Nyana Sanhita, 2023. 2. The case of the prosecution is that on 14.06.2025 at 6.00 p.m., the complainant Dr. B. Sreenivasa Rao lodged report stating that the accused who is his younger brother created affidavit document with intend to gain money and got No Objection Certificate by forging the signature of the complainant without knowing and believed the NHAI authorities as it was genuine and gained compensation of Rs.10 lakhs and thereby cheated the complainant. 3. Sri N. Ranga Reddy, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; there are some land disputes between the petitioner and the complainant; the petitioner is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail in the event of his arrest. 3 Dr.YLR, J Crl.P.No.8060 of 2025 Dated 14.08.2025 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioner forged the signature of the complainant and used it as a genuine document and obtained compensation; that the investigation is pending; and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the report lodged by one Srinivasa Rao Bathalapalli who is happened to be the own brother of the petitioner by name Rajendra Bathalapalli, it is alleged that the petitioner forged the signature of the defacto complainant on No Objection Affidavit and tendered the same to the NHAI Authority and received an amount of Rs.2 lakhs fraudulently. As mentioned supra, the petitioner and defacto complainant are own brothers. The petitioner is aged about 63 years. 7. Considering the gravity of offence and nature of the allegations levelled against the petitioner, this Court is inclined to grant pre-arrest bail to the petitioner. 8. Accordingly, the Criminal Petition is allowed with the following conditions: i. In the event of arrest of the petitioner, he shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/- 4 Dr.YLR, J Crl.P.No.8060 of 2025 Dated 14.08.2025 (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The petitioner shall make himself available for investigation as and when required; iii. The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m., and 05.00 p.m., till filing of the charge sheet. v. The petitioner shall not leave the district limits without the express permission from the Station House Officer concerned. ________________________ DR. Y. LAKSHMANA RAO, J Date: 14.08.2025 ARB 5 Dr.YLR, J Crl.P.No.8060 of 2025 Dated 14.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8060 of 2025 Date: 14.08.2025 ARB