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High Court of Andhra Pradesh · body

2025 DAILYLAW 29271 (AP)

Sangati Chandrasekhar v. The State of Andhra Pradesh

CRLP/8426/2025 · 2025-08-27

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA,^ THURSDAY, THE TWENTY EIGHTH DAY OF AUGUS^rf^^ TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8426 OF 2025 W O; S-4 .3 , •I:: V. /■ r / 4^-; .S if- % Between: 1. Sangati Chandrasekhar, S/o. Daveed Student Leader, R/o.Gunthapalli Village District. 2. Bandi Anil Kumar, S/o. B.Lakshumaiah, Aged about 28 Student Leader, R/o.D.No.9-56-2, Ruparampeta, Badvel Madal, District Aged about 38 years, Occ B.Kodur Mandal, Kadapa > j years, Occ Kadapa Petitioners/Accused No.10 & 11 AND The State of Andhra Pradesh, Through SHO, Badvel (U) Police Station Badvel, Kadapa District, Rep. by the Public Prosecutor Andhra Pradesh, At Amaravati. High Court of > Respondent Petition under Section 482 of BNSS. is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant anticipatory bail and direct the respondent police to release the petitioners/Accused No.10 & 11 herein in the event of his arrest in FIR No. 251 of 2025, dated 19.07.2025 on the file of the Badvel (U) Police Station, Badvel, Kadapa District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri. M K RAJ KUMAR, Advocate for the Petitioners and of PUBLIC PROSECUTOR the Respondent; The Court made the following ORDER: , for THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8426 OF 2025 ORDER: Criminal Petition has been filed under Section 482 Nagarik Suraksha Sanhita, Petitioners/Accused Nos. 10 and 11 for of the Bharatiya 2023 (for brevity ‘the BNSS’) by the granting pre-arrest bail in connection with Crime No.251 of 2025 of Badvel (Urban) Poiice Station , Badvel, Kadapa under Sections 318(4), 338, 336(3), 340(2), 342(1) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the District, registered for the alleged offences punishable BNS’). 2. The case of the prosecution is that the de-facto complainant, K. Tribhuvan, Tahsildar of Gopavaram Mandal, in his office, received on 19.07.2025, while present a representation from Thodeti Ramanamma, wife of Thodeti Narasimhuiu, resident of Shivanagar, Badvei Town Municipality, Kadapa District. She stated that she had Badvel purchased a property admeasuring Ac.0.03 cents in _Sy.No.1012/1 situated at Madakalavaripalle village fields, within the limits of Gopavaram Mandal and Badvel Municipality. , with boundaries: East-Road, South-land of Baddala Venkatesh, West-land of Dapari Chinna Venkata Subbaiah, and North-Road. The The property corresponds to Plot No. B7, HS No. 791/1416 said property comprises a slab- roofed house bearing Door No.4/4/300 along with the site beneath , structures. 2 Dr.YLR, J Crl.P.No.8426of 2025 Dated 28.08.2025 materials, doors, door frames, electricity meter, service wire, municipal tap, and all appurtenant easements. She further claimed that she had purchased the said property under a sale agreement from Dasari Ratnamma. On verification, it was found that the DKT patta allegedly issued in the name of Dasari Ratnamma, based on which the complainant claimed purchase, is not genuine. The complainant requested that the said DKT patta be examined to determine its authenticity. During inquiry, the details of the property relating to Plot No.B7, HS No.791/1416, with an extent of Ac.0.03 cents in Sy.No.1012, situated in Madakalavaripalle village fields under Gopavaram Mandal and Badvel Municipality, were verified, and it was confirmed that no such entry exists in the records of the 3. Gopavaram Tahsildar’s office. Thus, the alleged DKT patta was found to be fake. Further inquiry revealed that certain persons, with an intention to illegally grab house sites situated within Badvel Municipality and Gopavaram Mandal, have been creating fabricated DKT pattas, associated forms, and affixing forged seals. Hence, the complainant requested that an investigation be i ' conducted into the racket of fake pattas and that legal action be initiated against the persons responsible. A copy of the fabricated DKT patta is annexed to the complaint. Accordingly, the case was registered as FIR No. 251 of 2025 of Badvel (U) Police Station for the offences punishable under 3 Dr.YLR, J Crl.P.No.8426of2025 Dated 28.08.2025 Sections 318(4), 338, 336(3), 340(2), and 342(1) of the Bharatiya Nyaya Sanhita, 2023. 4. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. Sri M.K. Raju Kumar, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case. They are the sole breadwinner of their family. They ready to abide by any conditions to be imposed by this Court. It is urged to grant pre-arrest bail to the petitioners. Per contra, Ms. P. Akhila, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are granted pre arrest bail, they would not be available for the investigation arid they would escape from the clutches of law, and it is requested to pass appropriate orders. 5. are 6. 7. The allegation against the Petitioners/Accused Nos. 10 & 11 and other accused is that they all created forged documents, DKT pattas and created fake Government seals and seal of the Office of the Tahsildar. The role of the present Petitioners came into light on the confession of the Accused No.1. Of course, there was no reference about the names of the Petitioners in the FIR lodged by the de-facto complainant. Accused Nos.3 to 8 were already 4 Dr.YLR, J Crl.P.No.8426of2025 Dated 28.08.2025 arrested. There are direct bank transactions in between the prime accused/Accused No.1 and the Petitioner No. 1/Accused No. 10. The signatures of the Tahsildar were also forged. The investigation is at the nascent stage, only three witnesses have been examined. The Petitioners claimed that they are student leaders. The age of Petitioner No.1 is about 38 years. The age of the Petitioner No.2 is about 28 years. No proof is filed that what course/degree/education is being pursued by them at present. In view of the fact that there are direct bank transactions in between Accused No.1 and Accused No. 10 and it is the specific allegation of the prosecution that Accused No. 10 funded the amounts for the alleged offence, this Court is not inclined to grant pre-arrest bail to Petitioner No.1/Accused No. 10. He is disentitled for grant of pre-arrest bail. Hence, the request of Petitioner No.l/Accused No.10 is liable to be dismissed, and accordingly petition against Petitioner No.l/Accused No.10 is dismissed. Indeed, grant of pre-arrest bail is neither a license for commission of any offence nor a shield or protection for the persons who have allegedly i committed grave offence, as per the judgments of the Hon’ble Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab^ and Sushila Aggarwal v. State (NCT of Delhip. Hence the Petition against Petitioner No.l/Accused No.10 is dismissed. 8. 9. 5 Dr.YLRJ r Crl.P.No.8426 of 2025 Dated 28.08.2025 After considering the entire gamut of the case, gravity and nature of the allegations levelled against the Petitioner No.2/Accused No. 11 and his alleged role played in this case, this Court is inclined to grant pre-arrest bail to Petitioner No.2/Accused No.11. 10. In the result, the Crinninal Petition is partly allowed with the following conditions; i. In the event of his arrest, the Petitioner No.2/Accused 11. No. 11 shall be enlarged on bail subject to he 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 No.2/Accused No. 11 shall make himself available for investigation as and when required; iii. The Petitioner No.2/Accused No. 11 shall not cause any threat, inducement or promise to the prosecution witnesses; The Petitioner No.2/Accused No. 11 shall appear before IV. the Station House Officer concerned once a week i.e. on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. 6 Dr.YLR, J Crl.P.No.8426of2025 Dated 28.08.2025 The Petitioner No.2/Accused No. 11 shall not leave the V. district limits without the express permission from the Station House Officer concerned. The Petitioner No.2/Accused No. 11 shall surrender his VI. passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. SD/- G.HELANAIDU ASSISTANTjREGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Junior Civil Judge, Badvel, Kadapa District. 2. The Station House Officer, Badvel (U) Police Station, Badvel, Kadapa District. 3. One CC to Sri. M K RAJ KUMAR, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 5. One spare copy !■ / JSS I t HIGH COURT DR.YLR, J DATED:28/08/2025 BAIL ORDER CRLP.No.8426 of 2025 I W \ y \ o >' ■ PARTLY ALLOWED