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APHC010413852025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8355/2025 Between: Vattiprolu Kamala ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. ALAPATI LALITH NIKHIL Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner-accused No. 8 for granting of pre-arrest bail in connection with Crime No. 185 of 2025 of Pattabhipuram Police Station, Guntur District, registered for the alleged offences punishable under Sections 318 (4), 319 (2), 336 (3), 338 and 340 (2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution is that the de facto complainant approached Chukka Ganesh Guptha through mediators and paid an amount of Rs.75,50,000/- for purchase of the land to an extent of Ac. 3.02 cents. A draft sale deed to that effect was executed on 17-02-2024 and as per the said sale deed, the sellers have to register the land within a period of 90 days. However, the registration did not take place as Ganesh Guptha and his wife died on 22-04-2021. Thereafter, the de facto complainant came to know that the petitioner and some other forged the signatures of the deceased, created fabricated documents and fraudulently registered the land in the name of the third parties. Basing on the report of the complainant, a case was registered against the petitioner-accused No. 8. 3. Sri Alapati Lalith Nikhil, learned counsel for the petitioner, submits that the petitioner has not committed any offence; she was falsely implicated in this case; she is ready to abide any conditions to be imposed by this Court; if any
3 relief is given, she will not jump any condition as she has fixed abode; and urged to grant pre-arrest bail to the petitioner. 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway; if the petitioner is granted pre-arrest bail, she will repeat the same offence and urged to dismiss the bail petition. 5.
Thoughtful consideration is bestowed on the arguments advanced by the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 6. Perused the record. 7. In the name of a deceased person, some fictitious documents were created and they were got registered. This Court already granted pre-arrest bail to accused No. 7 vide order dated 18-07-2025 in Criminal Petition No. 7160 of 2025. Of course, the role played by accused No. 7 is slightly different from the role played by the petitioner-accused No. 8 in this case. The petitioner-accused No. 8 arranged registration process and taken care of the registration whereas accused No. 7 acted as a mediator or linkage between accused No. 1 and other accused in the registration process. There are no adverse antecedents against the petitioner. The petitioner is a lady. Hence, this Court deems it appropriate to grant pre-arrest bail to the petitioner- accused No. 8. 4
8. In the result, the Criminal Petition is allowed with the following conditions: (i) In the event of her arrest, the petitioner-accused No. 8 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; (ii) The petitioner-accused No. 8 shall make herself available for investigation as and when required; (iii) The petitioner-accused No. 8 shall not cause any threat, inducement or promise to the prosecution witnesses; (iv) The petitioner-accused No. 8 shall appear before the Station House Officer concerned once in a week i.e. on every Saturday between 10 a.m. and 5 p.m. till filing of the charge sheet; (v) The petitioner-accused No. 8 shall surrender her passport, if any, to the investigating officer. If she does not have passport, she shall submit an affidavit to the investigating officer to that effect; (vi) The petitioner-accused No. 8 shall not leave the district limits without the express permission from the Station House Officer concerned. 5 Date: 18-08-2025,
_________________________ JSK
DR. Y. LAKSHMANA RAO, J.
THE HONOURABLE DR.
JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No. 8355 OF 2025
Date: 18.08.2025
JSK