-a-` [3327] Jir IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAvAtI- TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE --- : P RES E N T : `\.i_-,I_,.`;1_<_: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY n-::*ra CRIMINAL PETITION NO: 320 OF 2025 Between : 1. Thirumalaraju Avinash, S/o Tirumalaraju Srinivasulu Aged about 35 Years R/o Kondanda ramapuram, usmansaheb pet, Mahalakshmi Temple Street, Nellore, Andhra Pradesh-524002. 2. Machavaram Venkata Sai prasad, S/o of Venkateswarlu Aged about 25 Years R/o 27-4-1326, Gowda Hostel Centre, Balaji Nagar, Stonehousepet, Nellore District, Andhra Pradesh-524002. Petitioners/Accused 1 & 4 The State of Andhra Pradesh, Represented by its public prosecutor, High Court of Andhra Pradesh, Amaravathi. AND Respondent Petition under section 438 of Cr.P.C. & New Section 482 of BNSS is filed Praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/A1 & A4 on bail in the event of his arrest in connection with FIR.No.375 of 2024 on the file of Rajampet Police Station, Annamayya District. a 1 OF2025 f+ Petition under Section 438 of Cr.P.C. & New Section 482 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim anticipatory bail to the petitioner/Accused no.1 & A4 in FIR.No.375 of 2024 on the file of Rajampet Police Station, Annamayya District, in the interest of justice. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Y L SIVA KALPANA REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following; ORDER: The Criminal Petition, u/See.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/Al and A4 to grant anticipatory bail in connection with Crime No.375/2024 of Rajampet Police Station, Annamayya District. 2. A case has been registered against the petitioners and others for the offences punishable under Sections 115(2), 61(2), 308(5), 351(2), 79 read with 3(5), 318(4) B.N.S. 3. The case of the prosecution in brief is that: The defacto complainant submitted a report to police stating that prior to 23.12.2024, the petitioners who are Al and A4 and some others of Nellore town cheated the defacto complainant with a promise to register two villas and two sites at Nellore town, by taking nearly six crores. When the defacto complainant and her husband asked 1:he accused to register the villas and sites, all the accused threatened the defacto complainant and her husband with dire consequences and extorted gold black beads chain weighing about two tulas, on the point of knife, from the neck of the defacto complainant and beat both of them with hands and legs. Hence the complaint. 4. Heard. Perused the record. 5. A perusal of the material available on record goes to show that certain amount has been received from the defacto complainant and thereafter the property has not been registered in 1:he name of the defacto complainant. ln connection with the same, the defacto complainant had filed civil suit vide O.S.No.32/2024 on the file of the VIII Additional District and Sessions Judge, Nellore. It is represented by the learned counsel for the petitioners that counter cases have been registered as against the defacto complainant vide Cr.No.38/2024 dated 24.02.2024 for the offences under Sections 417, 420 and 5O6 lPC. lt is further represented that subsequent to filing of this Criminal Petition, A4 was arrested and remanded to judicial custody and prays to dismiss the same for A4 6. Merely because certain amount was not repaid to the defacto complajnant, there is any amount of ambiguity whether an offence under Section 308 BNS would be made out. Apart from the same, the other offences as alleged against the petitioners are punishable with seven years and less than seven years`. Since civil suits have been pending in between both the parties, this Court is inclined to grant the prayer of the petitioner/Al for grant of anticipatory bail. 7. Accordingly, in the event of his arrest with regard to this crime, petitioner/Al shall be released on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. I_ The petitioner Shall appear before the concerned Station House + officer, once -ln a week i.e. on every Sunday between 10.00 a.m. and o5.00 p.m., till filing of the charge-sheet. 8. The Criminal Petition in respect of Petitioner/A4 is hereby dismissed as infructuous. 9. Accordingly, the Criminal Petition is allowed in part Sd/-P.UIV.Bhaskar Rao ASSISTANT //TRUE COPY// EGISTRAR _, OFFICER To, 1. The VllI Additional District and Sessions Judge, Nellore. 2. The Station House Officer, Rajampet Police Station, Annamayya District. 3. One CC to SRl. Y L SIVA KALPANA REDDY Advocate [OPUC] 4. Two CCs to Publ'lc Prosecutor (AP) High Court of A.P., Amaravati [OUT]- 5. One spare copy Note: ln the order dt:21/1/2025, [lA1" in paragraph No.5 & 8 is corrected as {[A4". llA.4" in paragraph No.6 & 7 is corrected as 'lA.1". Substitute this amended order in the place of earlier order dt:21/01/2025 which was dispatched on 23/01/2025. Sd/-P.U.V.Bhaskar Rao ASSISTANT REGISTRAR I/ HIGH COURT SRK,J DATED:21/01 /2025 24/01 /2025 (AMENDED) BAIL ORDER CRLP.No.320 of 2025 PARTLY ALLOWED \&:a \]\N ;)lll\ '±S± \ h,.'^ `.-,` -,