Q= -_ I. . lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT THURSDAY, THE THIRTIETH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI P CRIMINAL PETITION NO: 6965 OF 2024 Between : shaik Mahaboob subhani @ Mabu Subhani, S/o. Shaik Musthafa, aged about 38 years, R/o. D.No. 25-ll-47, 6/1 Lane, Srinivasaraopeta, Guntur CI'ty, Guntur District, A.P. . . . Petitl-oner/Accused No.9 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, HI'gh Court of Andhra Pradesh. ...Respondent petition under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petitl'on, the High court may be pleased to direct the Respondent po~ll'ce to enlarge the Petitioner/Accused No.9 on bail I-n the event of his arrest in connection with Crime No,1154/2023of Nallapadu p.s., Guntur District for the offence Punishable under See.419, 420, 468, 471,120(b) r/w 34 IPC. Counsel for the petitioner Counsel for the Respondent Dr Sayyed Babu Shaik Ms.K.Priyanka Lakshmi Assistant public Prosecutor. The Court made the following ORDER: The instant Criminal Petition,I under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short,{B.N.S.S'], is filed on behalf of the petitioner/accused No.9 seeking anticipatory bail in Crime No.1154 of 2023 of Nallapadu Police Station, Guntur District. 2. A case has been registered agaI'nSt the Petitioner/ Accused No.9 and others for the offence punishable under Sections 419, 420, 468, 471,120(b) read with 34 I.P.C. \,I ts€'\ 3. case of the prosecution, in brief, is that the defacto complajnant is the G.P.A holder of one venI'galla Praveen. venigalla Praveen purchased a sl'te in r, an extent of 1,396 Sq.yds l'n the year 1998. Subsequently, Accused No.1 by coIIudI-ng With other accused and officI-als have created fake death certl'ficates of venjgalla Praveen, who is residing I-n U.S.A and hl's wife sesha Rathnam I and faml'Iy member certificate also. pursuance of those fake documents, the Accused No.1 executed certain documents regardI-ng the property to other accused, who I'n turn executed documents I'n favour of others. Hence, the complaint. 4. Heard Mr. Dr. Sayyed Babu shaik, learned counsel for the petI'tjOner and Ms.K.Prjyanka Lakshmi, learned Assistant public prosecutor for Respondent. 5. HavI'ng heard the arguments of bath the counsels, the point that would arise for determination would be.I t\whether there are any justifiable grounds to release the petitioner on anticipatory bail or not?'' 6. Learned counsel for the petl'tl'oner would submit that a civ" suit has been fl'led by defacto complaI'nant l'n O.S.No. 172 of 2023 on the file of District Judge, Guntur seekl'ng declaration of title and also for cancellation of the sale deeds, which were executed by Accused No.1 in favour of Accused Nos. 2 to 7 and also the documents executed by-Accused No.2 to 7 l'n favour of thl'rd parties and consequential permanent l'njunctI-On against 15 persons. The { i I petitioner herein is the Accused No.9, who Was Shown aS defendant No.9 in .. the said suit. 7. Learned counsel would further Submit that Accused Nos. 2 to 8 were released on bail. crucial part of investigation iS completed and the allegations made against the present petitioner is that Accused No.7 has executed a General Power of Attorney-cum- Agreement Of Sale in favour of the present petitioner/ Accused No.9 on 12.07.2023 to an extent Of 300 Sq.yds. ln turn, the present petitioner also executed three sale deeds in favour of other Accused Nos.10,ll and 12. 8. Learned counsel would submit that the Petitioner herein iS a bOnafide purchaser for valuable consideration without knowing any defect over the title of the property. A comprehensive Civil Suit iS Pending before the competent civil court. Defacto complainant filed a Suit for declaration of title over the property. It is specifically alleged against Accused No.1 that she has created false Death Certificate and obtained Family Member Certificate and sold away the property as legal heir of the Original owner. The petitioner/ Accused No.9 has got nothing to do with the said conspiracy, on the face of it, he has purchased the property under General Power of Attorney. 9. Learned counsel WOuld Submit that the Petitioner iS ready tO CO- operate with the investigation and furnish sureties to the satisfaction of the court. custodial interrogation is not required in this case. Accordingly, prays for granting anticipatory bail. ii= 'l\ 6ZZZ> 10. Learned Assistan.t Public Prosecutor for the state would submit that ng | investigation is pending for seizure of some documents in this case. There are no criminal antecedents against the petitioner herein. As per the allegations he has purchased the property from Accused No.7. ll. Considering the submissions made and on perusal of the material on record, the petitI-Oner herein is the General Power of Attorney Holder of Accused No.7 and sold away the property to Accused No.10,ll and 12 under three Registered Sale Deeds. The alleged sale transactions between Accused No.1 in favour of Accused No.7; Accused No.7 in favour of Accused No.9 and Accused No.9 in favour of Accused Nos.10,ll and 12 are the subject matter of the civil suit, since l'n o.s.No.172 of 2023, there is a prayer for cancellation of such sale deeds. As the custodial interrogation of the present petitioner is not required, this Court is inclined to grant anticipatory bail to the petitl-oner on the following conditions: I -l) The petitioner/ Accused No.9 shall appear before the concerned Magistrate Court, within 15 days from today and shall furnish personal bond for Rs.20,OOO/- (Rupees twenty thousand only), with two sureties for the like sum each, to the satisfaction of the concerned Magistrate court; ii) The petitioner shall appear before the station House officer, concerned, once in a week i.e on sunday between 10.00 a.m and 5.00 p.m. iii) The petitioner shall be available for investigation as and when required by the Investigating officer; ` . . 3+,+f^rfe5, c3##, / / iv) The Petitioner shall.not, dire`ctly or indirectly, inake any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Investigating or Police Officer. 12. Accordingly, the criminal petI'tiOn iS allowed. --`l-.-`-_i_rn-I,- -'`-`` sd/-N. LNAdAELftNIA To, //TRUE COPY// For ASSISTANT R STRAR SECTION OFFIC-rER 1 :rhoemsspeexculaall :#:gn:efsorATrrtI==onf^O.ff^en^ces u_nder the protectIOn of ch\Idren from sexual offences Act (pocso AcW Guntur. 2. The Dl'strjct Judge, Gun{ur. 3 The statfon House offlcer, Nal'apadu poIJCe Statlon, Guntur Dlstrlct 4. One cc to Dr sayyed Babu shajk, Advocate [opucJ 5 Two cos to publlc prosecutor (AP) Hlgh court ofAndhra pradesh [OUT] 6. onespare copy CVSS \- \ HIGH COURT Dr.VJP,J DATED:30/01/2025 BAIL ORDER CRLP.No.6965 of 2024 ALLOWED i;f;;;# £#: € ` .i : i--_....i-. _-=`.`-...--T-` `© FT #tB %hi&5 yQlty¥*¥ `ha€`g`¥:+sear__£+~G*ap¥