APHC010400552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWELTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE. PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8097/2025 Between: P Karimla Khan ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. V SURYA KIRAN KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.8097 of 2025 Dated 12.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 438 of the Code ofCriminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) / Section 482 of theBharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking toenlarge the Petitioner on pre-arrest bail in Crime No.629 of 2024 of NallapaduPolice Station, Guntur District, registered against the Petitioner herein for theoffences punishable under Sections 318(4), 338, 340(1) read with 3(5)of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The facts in brief, as presented by the prosecution, are that complainantowns a site measuring an extent of 1.83 acres at Gorantla Village, registeredin the name of his wife, Padmaja, under Document No.5304/2006 of theGuntur Joint Sub-Registrar Office dated 24.04.2006. The complainant's wifePadmaja passed away on 28.02.2022, after which he decided to transfer thesaid land to the names of his children. A few days prior to lodging thecomplaint, he obtained the Encumbrance Certificate (EC) and was shocked tofind that the property had been registered in the name of one ChinathareddyMaheswara Reddy on 07.10.2023. Upon further inquiry, it came to light thatAccused Nos.1 to 4 and others had allegedly created 18 fake documentsresembling genuine ones, using impersonators acting as the originallandowners, thereby cheating the complainant. Hence, the 3 Dr.YLR, J Crl.P.No.8097 of 2025 Dated 12.08.2025 complainantapproached the police station and lodged the present report seekingnecessary legal action. 3. Heard learned counsel for the Petitioner and the learned PublicProsecutor. 4. Sri Y. Nagi Reddy, the learned counsel for the Petitioner, submits thatthe Petitioner has not committed any offence; he was falsely implicated in thiscase; the allegations against the petitioner are vague and police have not collected any admissible/inadmissible evidence to connect the petitioner with the alleged offences; he is the sole bread winner of his family; he is ready to abide anyconditions to be imposed by this Court. Hence, it is urged to grantpre-arrest bail to the petitioner. 5. Per contra, Ms.P. Akhila Naidu, the learned Assistant PublicProsecutor, opposed in granting pre-arrest bail stating that investigationis not yet completed. If the petitioner is granted pre-arrest bail, he will notbe available for the investigation. It is further submitted that thepetitioner, with the active assistance and involvement of 16 otheraccused persons, created several General Power of Attorney (GPA)documents, which were fraudulently registered by impersonating one K.Padmaja, (deceased). Accused No.2 allegedly impersonated thedeceased K. Padmaja, and the fact that both shared the same namewas exploited to perpetrate the fraud. It is further 4 Dr.YLR, J Crl.P.No.8097 of 2025 Dated 12.08.2025 contended that thepetitioner, being a responsible Sub-Registrar, conspired with the otheraccused and facilitated the impersonation of the deceased K. Padmajaby Accused No.2. A total of 18 GPA documents were created andprocessed through the petitioner. It is also submitted that Accused Nos.2and 3 confessed that Accused Nos.18 and 19 demanded bribes fromthem for processing the applications and registering the GPAdocuments. The petitioner who is Accused No.18 is the Sub-Registrar of Narasaraopeta. 6. Perused the record. 7. The petitioner is working as Sub-Registrar at the Sub-Registrar Office,Narsaraopet, Guntur District. As seen from the record, the DistrictRegistrar, Palnadu, issued a press note clarification on 25.07.2025, whichremains undisputed. It was stated therein that the documents registered at theKoretipadu Sub-Registrar Office were processed in accordance with theprocedure prescribed under the Registration Act. However, it was alsoinformed that an enquiry is ongoing against the staff of the Sub- RegistrarOffice, Narasaraopet, and if any illegalities or irregularities are found in thecourse of the enquiry, appropriate action would be taken against theconcerned Sub-Registrar and the in-charge Registrar. So far, the petitionerhas been arrayed as Accused No.18. Upon perusal of the complaint lodged bythe de facto complainant, it is noted that a total of 21 persons have beennamed as accused, and the petitioner is mentioned as the 18thindividual 5 Dr.YLR, J Crl.P.No.8097 of 2025 Dated 12.08.2025 inthat list. The specific allegation against the petitioner is that he conspired withother accused persons and facilitated the registration of 18 General Power ofAttorney (GPA) documents. It is further alleged that the accused personsconspired to impersonate one K. Padmaja (deceased) as Accused No.2, whoshares the same name, and used that to register the said GPAs. 8. The learned counsel for the petitioner submits that the petitioner hasmaintained an exemplary track record throughout his service. As a Joint Sub-Registrar, the petitioner is vested with quasi-judicialpowers and, while entertaining any registration, he is bound to follow theprocedure and regulations prescribed under the Registration Act. Except forthe confessional statements of Accused Nos.2 and 3, which refer to AccusedNos.18 and 19, both officials of the Registration Department, there is no othermaterial available on record against the petitioner. The petitioner is a publicservant with a fixed place of residence. Therefore, the apprehension that hemay abscond or flee from the process of law does not arise. 9. Considering the nature of the allegations leveled against thepetitioner and the alleged role played in this case by the petitioner in thiscase, this Court feels it appropriate to grant pre-arrest bail to thepetitioner, being a government servant. 6 Dr.YLR, J Crl.P.No.8097 of 2025 Dated 12.08.2025 10. In the result, the Criminal Petition is allowed with the followingconditions: i. In the event of her arrest, the Petitioner/Accused shallbe enlarged on bail subject to he executing a bond for asum of Rs.10,000/- (Rupees Ten Thousand only), with twosureties for the like sum each to the satisfaction of thearresting police officials; ii. The Petitioner/Accused shall make himself availablefor 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 theState of Andhra Pradesh without the express permissionfrom the Station House Officer concerned ________________________ DR. Y. LAKSHMANA RAO, J Date: 12.08.2025 ARB 7 Dr.YLR, J Crl.P.No.8097 of 2025 Dated 12.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8097 of 2025 Date: 12.08.2025 ARB