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2025 DAILYLAW 31520 (AP)

BATHULA KOTAMMA ALIAS KONDAMMA v. THE STATE OF ANDHRA PRADESH

CRLP/9062/2025 · 2025-09-08

Y Lakshmana Rao

body2025

Judgment text

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■^%yj r'-<4 &0 IN THE HIGH COURT OF ANDHRA PRADESH A- ‘ AT AMARAV; TUESDAY, THE NINTH DAY OF SEPTEMBER •X ¥ y-JS: v'- ' '' ■ lo Vl fejr TWO THOUSAND AND TWENTY FIVE > > 'i... .PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 9062 OF 2025 f ■; RAO Between :- 1. Bathula Kotamma @ Kondamma W/o Subbaiah, ageYI 55 years, Housewife, 2-45, Narayapalli, Hanumanthunipadu Mandal, Prakasam District. (A3) 2. Palleboina Avulaiah s/o Rajaiah, aged 47 years. Business, 6-32A, Pathamallapuram, Pitikayagulla Village, Besthavaripet Mandal, Prakasam District. (A4) 3. Velpula Padma w/o Venkata Subbaiah, aged 37 years. Housewife, 4-44A, Nehru Colony extension, Ongole Town. Prakasam District. Aadhar No. 733329885411. (A5) 4. Ponnarusu Rama Rao s/o Venkataswami,aged 57 years. Business, 6-102, Venkateswara Colony, Ongole Town, Prakasam District. (A6) 5. Shaik Shahidabi c/o Kaleshavali,aged 33 years. Housewife, 42-106-1516, Indiramma Colony, 8*^ Line, Koppolu Road, Ongole Town, Prakasam District. (A8) 6. Korivipati Khasimbi W/o. Bullasaheb, aged 48 years, Housewife, R/o Sankarapuram Village, Mundlamuru Mandal, Prakasam District. (A9) 7. Shaik Karimun W/o Bajivali, aged 44 years. Housewife, R/o Bollapalli Village, J. Panguluru Mandal, Prakasam District. (A10) 8. Shaik Sameera D/o Bajivali,aged 22 years. Housewife, R/o Bollapalli Village, J. Panguluru Mandal, / Prakasam District. (A11) 9. Narayanam Lalithakumari W/o Narayanam Venkatacharyulu Aged 55 yeaj's. Housewife, 4-36, Near Sri Venkateswara Temple, Mallavaram Village, Maddipadu Mandal, Prakasam District. Narayanam Vasavi W/o Narayanam Rajasekharacharyulu Aged 33 years. Housewife, 4-36/1, Near Sri Venkateswara Temple, Mallavaram Village, Maddipadu Mandal, Prakasam District. (A12) 10. (A13) 11. Ponnarusu Varamma @ Veeramma W/o Bodeiah.aged 50 years. Housewife 5-2-1, Gundlasamudram Village, Marripudi Mandal, Prakasam District. (A14) 12. Ponnarusu Anitha D/o Ramarao, aged 27 years. Housewife, 6-102, 10‘^ Line, Venkateswara Colony, Ongole Mandal, Prakasam District. (A15) 13. Masapalli Susmitha D/o Kaladhar Rao, aged 34 years. Housewife, 8-238, Podili village and Mandal, Prakasam District. (A16) j (A17) Itta Adilakshmi W/o Venkateswarlu, aged 58 years, Housewife, 4-23, Mallavaram Village, Maddipadu Mandal, Prakasam District. 14. (A18) Itta Venkateswarlu S/o Venkataiah, aged 64 years. Business, 4-23, Mallavaram Village, Maddipadu Mandal, Prakasam District. 15. / (A19) Gatia Srilakshmi W/oSanga Reddy, aged 35 years. Housewife 3-242, Sathyanarayanapuram, Ongole Town, Prakasam District. 16. (A20) Gatia Ravanamma W/o Venkata Redc[y, aged 59 years. Housewife 3-242, Sathyanarayanapuram, Ongole Town, Prakasam District. 17. (A22) Mali Chinnammi W/o Ramanaiah, aged 32 years. Housewife, 29-51-981, Nehru Nagar extension, Ongole Town, Prakasam District. 18. / ) {A23) Pinnaka Thirupathamma W/o Polu Raju, aged 37 years. Housewife, 1-41. Mahammadapuram, H.M Padu Mandal, Prakasam District. 19. / (A24) Burugula Rajiya W/o Gadidamalla Thangella Aged 27 years. Housewife, 12-55, Paluguntipalli Village, Racharla Mandal, Prakasam District, presently residing at Sujatha Nagar, Ongole. 20. (A25) Burugula Khasimbi W/o Lathisha Vali, aged 44 years. Housewife 1-191A, Doddampalli Village, Obulapuram, Prakasam District - 523367. presently residing at Sujatha Nagar, Ongole. 21. / Gadidamalla Peeramma, W/o Kasaiah, aged 50 years, Housewife, 12-55, Paluguntipalli Village, Racharla Mandal, Prakasam District - 523368. presently residing at Sujatha Nagar, (A26) Rebbavarapu Venkayamma, W/o Baburao, aged 50 years, Anganvadi Teacher R/o Gunduvanilakshmipuram Village, Chimakurthi Mandal, Prakasam District. 22. Ongole. 23. (A27) Ponnarusu Vijayalakshmi, W/o Bujjibabu, aged 42 years, Anganvadi Teacher, 1-48, Main Road, Basavannapalem, Maddipadu Mandal, Prakasam District. Ponnarusu Subbamma, W/o Ramarao, aged 43 years. Housewife 6-102, Venkateswara Colony, Ongole Town, Prakasam District 24. (A28) 25. (A29) ...Petitioners AND The State of Andhra Pradesh, Through the Station House Officer, Ongole Taluk Police Station, Prakasam District Rep. by the Public Prosecutor, High Court of AP, Amaravathi. ...Respondent/Complainant Petition under Section 482 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioners, by directing the Station House Officer, Ongole Taluk Police Station, Ongole, to release the Petitioners/ Accused Nos. 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28 and 29 on bail in the event of their arrest in connection with Crime No. 411 of 2025 on the file of the Ongole Taluk Police Station, Ongole, Prakasam District; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Naga Praveen Vankayalapati, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following: APHC010455202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9062/2025 Between: Bathula Kotamma Alias Kondamma and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.3 to 20, and 22 to 29 for granting of pre arrest bail in connection with Crime No.411 of 2025 of Ongole Taluk Police Station, Prakasam District, registered for the alleged offences punishable under Sections 120-B, 255, 465, 467, 471, 420 read with 34 of Indian Penal Code, 1860 (for brevity ‘the l.P.C’). 2 Dr.YLR, J Crl.P.No.9062 of 2025 Dated 09.09.2025 CASE OF THE PROSECUTION: 2: The case of the prosecution is that the defacto complainant is the owner of the land to an extent of Ac. 2.90 cents in Sy.No. 138/3 situated near Wood Complex, Ongole Town. Prior to 24.08.2023, the Petitioner with an intention to grab the said land conspired together with other accused and created fake documents, stamps and fake field map required for registration and also forged the signatures of Ongole Municipal Authoritias. Hence, the above crime was registered. CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS: Mr. Naga Praveen Vankayalapati, the learned counsel for the petitioners contend that the petitioners are an innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of their family and, they are ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners. 3. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the 3 Dr.YLR, J Crl.P.No.9062 of 2025 Dated 09.09.2025 petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. POINT FOR CONSIDERATION: 5. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioners are entitled for grant of pre-arrestbail?” ANALYSIS: 6. On perusal of the record, the Petitioners/Accused Nos.3 to 20, and 22 to 29 had allegedly created fake documents for getting of certain property. There are several civil suits are pending in between defacto complainant and other accused namely O.S.Nos. 231 of 2924 and 233 of 2024 on the file of Principal Junior Civil Judge, Ongole and O.S.Nos. 232, 234 and 235 of 2024 on the file of I Additional Junior Civil Judge Ongole. The petitioners are permanent residents of Prakasam District. This Court already grantd pre-arrest bail to the Accused No.1 in Crl.P.No.8364 of 2025. Considering the gravity and nature of the allegations levelled 7. against the petitioners/Accused No.3 to 20, and 22 to 29, the alleged 4 Dr.YLR, J Crl.P.No.9062 of 2025 Dated 09.09.2025 roles played by the Petitioners in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused No.3 to 20, and 22 to 29 . CONCLUSION: 8. In the result, the Criminal Petition is allowed with the following conditions: ') In the event of their arrest, the petitioners/Accused No.3 to 20, and 22 to 29 shall be enlarged on bail subject V to them executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii) The petitioners/Accused No.3 to 20, and 22 to 29 shall make themselves available for investigation as and when required; iii) The petitioners/Accused No.3 to 20, and 22 to 29 shall not cause any threat, inducement or promise to the prosecution witnesses; iv) The petitioner/Accused No.3 to 20, and 22 to 29 shall appear before the Station House Officer concerned 5 Dr.YLR, J Crl.P.No.9062 of 2025 Dated 09.09.2025 10.00 once in a week i.e., on every Saturday between a.m. and 5.00 p.m., till filing of the charge sheet. The petitioners/Accused No.3 to 20, and 22 to 29 V) shall not leave the District limits without the express permission from the Station House Officer concerned, vi) The petitioners/Accused No.3 to 20, and 22 to 29 shall surrender their passports, if any, to the investigating officer. If they claims that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. K.SRIMiVASA RAJU //TRUE COPY// ASSISTANT REGiSTRAR Qy SECTION OFFsCER For To, 1. The Station House Officer, Ongole Taluk Police Station, Ongole, Prakasam District. 2. One CC to Sri. Naga Praveen Vankayalapati, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] 4. One spare copy MM HIGH COURT Dr.YLR,J \ DATED:09/09/2025 ORDER CRLP.No.9062 of 2025 ALLOWED o ftfi 1% ^''