.. J/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3327] : PRESENT: `H``{;r::fq THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY ```'- CRIMINAL PETITION NO: 680 OF 2025 B`etwee n II Shaik Khaja Rasool @ Shaik Rasool, S/o Peera Saheb, Aged about 46 years, R/o D.No. 8-112, East Street, Atmakur, Atmakur Mandal, SPSR NeIIore District. Petitioner/Accused no.1 AND The State of Andhra PradeSh, Through S.H.O Atmakur PS Represented by P P Hl'gh Court OfAndhra Pradesh, Amaravathi Respondent Petition under section 438 of Cr.P.C & 482 of BNSS is filed praying that in the circumstances stated in the affidavit fl'Ied l'n support of the criminal Petition, the High Court may be pleased to enlarge the petitl-oner/ Accused No.1 on Anticipatory Bal'I in the event of his arrest in crime No. 14 of 2024 dated 13.02.2024 on the fl'le of Atmakur PS, SPSR NeIIore district for offences punishable under sections 388 I/w 34 I PC. 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 AYESHA AZMA S Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. L ___ RDE R: This Crl-ml'nal petition, under section 482 of the Bharatiya Nagarik suraksha sanhita, 2023 (for short lthe BNSS') has been filed on behalf of the petl-tioner/accused No.1 to grant anticipatory bail in connectI-On With Crime No.14 of 2024 of Atmakur poll-Ce Station, sri potti sriramulu Nellore District. 2. A case has been registered against the petitioner herein/accused No.1 and others for the offence punt-shable under section 388 read with 34 of the Indian penal code, 1860 (for brevity 'IPC'). 3. Brief facts of the case of prosecution are that, the de facfo complainant v,-z. chilukot,I Srinivasulu is workl'ng as Head Master in zilla parjshad school situated at TarunavaI' Village, sangam Mandal; that previously, he worked in the same capacity I'n ZI-lla Parishad GI'rlS Hl-gh School at Atmakur for the period from January, 2017 to June, 2023; that during the workl'ng pert-Od at Atmakur, accused No.1, bel'ng a DVMC Member, was alleged to have accused the de facfo complainant and threatened to conduct an inquiry against him through DVMC Comml'ttee and report him to the collector,I that one shal'k Haseera, wife of petitioner/accused No.1, js a Member of Naadu-Nedu committee and they both conspired wI'th Other members to report against the de facfo ¥ulG _- E ==._ 3 complainant to the collector; that the petitioner/accused No.1 was \ alleged to have threatened the de racfo complainant on the pretext of filing an sc/sT case through a woman W-Z. Varalakshmi, and to overcome these issues, he demanded the de facfo complainant to part with a sum of Rs.3,50,000/-; that accordingly, the de faCfo complainant transferred a sum of Rs.2,20,000/- to the account specified by accused No.2 v,'z. Md. Nihal, associate of accused No.1 and handed over the remaining sum of Rs.1,30,000/-to the petitioner/accused No.1 on the same day; that though the de faCfo complainant complied the demand made by the Petitioner/accused No.1, he was threatened by the petitioner/accused No.1 that an sc/sT case and POCSO case will be filed against him. On 13.02.2024 the de facfo complainant presented a report tO POliCe and it was registered. as a case in crime No.14 of 2024 of Atmakur PS for the aforesaid offence and investigated into. 4. Learned counsel forthe petitioner/accused No.1 would contend that basing on false allegations made by the de facfo complainant and in order to settle the scores, the Petitioner/ accused No.1 was falsely implicated into the Crime and the petitioner/accused No.1 is no way connected tO the alleged offence. Hence, prays to grant for pre-arrest bail. 4 5, Learned Assistant Public Prosecutor for State submits that the investigatI'On iS Pending and some more Witnesses need tO be examl-ned to come to a conclusion about the role played by the petitI-Oner/accused No.1. 6. Heard both sides. 7- A perusal of material on record goes to showthat the alleged incident is said to have taken place on 13.01.2023 and the de facfo complainant I-S Said tO have been Paid an amount Of Rs,2,2O,000/- by way of a cheque in favour of accused No.2, whereas, an amount of Rs.1,30,000/- has been paid to the petitioner/accused No.1. Thereafter, it was alleged that When the petitioner/accused No.1 is said to have taken the receipt of the amount, the de racfo complainant resorted in filing the present report at a belated stage. 8. A perusal of the contents of I.he report pr,'ma rae,'e goes to show that there is no explanatl'on as to why so much delay occurred in lodging report though amounts have been paid on 13.01.2023. lt is not known as to why the de faCfo COmPIainant has not resorted in lodging the report aS agal'nSt the Petitioner/accused No.1 and others with regard to payment and he kept quiet till 13.02.2024. Since there is no pr,'ma faCJ'e explanation with regard to delay in lodging the report by the de racfo complainant, this iE I- To, i 5 Court is inclined to grapt antI-CiPatOry bail to the petl'tioner/accused No.1, on certain conditl-ons. 9. Accordingly, in the event of the arrest of petitioner/ accused No.1 in the above crl-me, he shall be released on bail on his executing personal bond for a sum of Rs.10,000/-(Rupees ten thousand) with two sureties each for the like sum to the satisfaction of the arresting police officl'als. Further, the petitioner/accused No.1 shall appear before the stall-on House Officer, concerned once in a week ,I.e. on every Saturday in between 10.00 a.m. and 2.00 p.m. till filing of the charge sheet and further, the petitioner/accused No.1 shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution wl'tnesses. 10. Accordingly, the criminal Petition is allowed. sD/- K.SRIN!VASA RAJU ASSISTANT For //TRUE COPY// GISTRAR SECTION OFFICER 1. The Station House Officer, Atmakur Police Station, SPSR Nellore District. 2. One CC to SRI. AYESHA AZMA S Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]- 4. One spare copy - HIGH COURT SRK,J DATED:31/01/2025 BAIL ORDER CRLP.No.680 of 2025 ALLOWED i',.-ij; } ; 3"AN!#35\ mrtiJ`