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2025 DAILYLAW 28585 (AP)

Pattela Rambabu v. The State of Andhra Pradesh

CRLP/8300/2025 · 2025-08-19

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY, THE TWENTIETH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8300 OF 2025 Between : 1. Pattela Rambabu, S/o.Venkaiah, aged about 49 years, R/o. 5-2, Pedakonduru, Duggirala Manda:, Guntur DI-Strict. 2. Pattela Venkata Sai KrI'Shna, S/o. Pattela Rambabu, aged about 27 years, R/o.5-2, Pedakonduru, Duggirala mandaI, Guntur District. ...Petitioners/Accused No.3 & 5 AND The State of Andhra Pradesh, Represented by the Public Prosecutor, High Court of Andhra Pradesh, Ani`aravati, Through S.H.O of DuggI-rala Police Station. ...Respondent/Complainant Petition under section 482 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No. 3&5 on Anticipatory Bail in the event of his+arrest in cr.No.97 of 2025 on the file of Duggirala Police Station, Guntur District dated 25-06-2025. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri Tanikonda Aveda, Advocate for the petitioner and of public prosecutor for Respondent, the court made the foi!owing \ I APHCO10406362025 E]H E] fflL i E] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8300/2025 Betwee n : Pattela Rambabu and Others i AND The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): Tanikonda Aveda [3521] H.PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS') by. the Petitioners/Accused Nos.3 and 5 for granting pre-arrest bail in connection with Crime No.97 of 2025 of Duggirala Police Station, Guntur District registered for the alleged offences punishable under Sections 61(2), 338, 336(3), 318(4), 340(2), 351 (3), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity fthe BNSJ). 2. The case of the prosecution is that, on 26.05.2025 at about 16:00 Dr.YLR, J CrI.P.No.8300 of 2025 Dated 20.O8.2025 stated that on 29.03.1997, the complainant and his elder brother together Purchased 43 cents of land (211/2 Cents.each) in Survey No.80/1 from one pantham veera Raghava Rao`. Subsequently, when the complainant obtained an Encumbrance Cer{ifl-Gate, he -came to know that 16 cents of the said land had been registered in the name of Patella Sambrajyalakshmi,13 cents in the name of her second son srinivasa Rao, 8 cents in the name of her third son Rambabu, and 5 cents in the name of her grandson uday Kumar, while another portion was registered irf the name of her grandson venkata sai Krishna. The registrations were made in the office of the sub-Registrar, Nuzvid, with Malta Raja and Dese Durga Prasad as attesting witnesses. 3. I{ is further alleged that while the complainant and his brotherwere in possessI'On Of their agricultural land, the accused created a fake will, forged the death certificates of Pantam Bapayya -and Patam Yashodamma, fabricated other false documents as if issued by Tenali Municipality, and, on that basis, .caused the registration of the land in the names of SambrajyalakshmiJs sons and grandsons, namely, srinivasa Rao, Rambabu, Udaya Kumar, and Venkata Sai Krishna, with the support of Malta Raja and Done Durga -Prasad, who signed as witnesses. when the complainant questioned Sambrajyalakshmi, she denied any role and disclaimed responsibility. 4. Heard.learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. Dr.YLR, J Crl.P.No.8300 of2025 Dated 2O.08.2O25 sm{. TanI-kOnda Aveda, the learned counsel for the petitioners, subml-ts that the petI'tl'Oners have not comml'{ted any offence, they were falsely l'mpIICated ln {hls case. They are the sole breadwinner of thelr famlly. They are ready to abide by any condl'tjons to be imposed by thI'S Court. It js urged to grant pre-arrest baI|l tO the petI-tiOners. 6. per confra, Ms P. AkhIIa, the learned Assl'stant public prosecutor, opposed I|n granting of ba" stating that some more materI'al witnesses have to be examlned, l'nvestlgatI'On iS not COmPIetedJ' I'f the petitIOners are enlarged on ball, they would not be avallable for the jnvestI-gall-on and they would escape from the clutches of law. However, I-I is subml-tied that there are no adverse antecedents against the petI-tjOners, and requested to pass appropriate orders. 7. As seen from the record, there are land disputes between the petitI-Oners/Accused Nos.3 and 5 and the de facto complainant and others. o.s.Nos.551, 552, and 502 of 2024 are pending on the file of the learned Junior cI|V" Judge, Tenall-. Accused No.1 filed a petition seeking quashing of the proceedings I-n crime No.97 of 2025, and this court granted a stay. The petitl'oners are permanent residents of pedakonduru, Duggirala Mandal, Guntur District. 8. considering the facts and circumstances of the case, the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case, this court is I-nell-ned to enlarge the petitioners on ba" with the following stringent condI'tiOnS. Dr.YLR, J Crl.P.No.8300 of 2025 Dated 20.08.2025 9. In the result, the criminal petition is allowed with the following conditions: i. In the event of his arrest, the petitioners/Accused Nos.3 and 5 shall be enlarged on bail subject to them executing a bond for a sum of Rs.2O,000/- (Rupees Twenty Thousand Only), each wI-th two Sureties for the like Sum each tO the Satisfaction Of the arresting police officials; ii. The Petitioners/Accused Nos.3 and 5 shall make themselves available for investigation as and when required; iii. The Petitioners/Accused Nos.3 and 5 shall not cause any threat, inducement or promise to the prosecution witnesses,- iv. The Petitioners/Accused Nos.3 and 5 shall appear before the station House Officer concerned once a week i.e., every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. V. The Petitioners/Accused Nos.3 and 5 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. //TRUE COPY// sECTIOffi ASSISTASNDT/-RLi9:sR+DREAV: i FFICER r;ff-=es-.// To, 1. The Station House Officer; Duggl-rala Police Station, Guntur District. 2. One CC to Sri Tanikonda Aveda, Advocate [OPUC] 3. Two CCs toPUBLIC PROSECUTOR, High Court of A.Pu Amaravati. [O UT] 4. One spare copy.. PSD HIGH COURT DR.YLR,J DATE : 20/08/2025 ANTICIPATORY BAIL ORDER CRLP.No.8300 of 2025 ALLOWED