ii== lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE THIRD DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5649 OF 2024 Between : --- +{-i,i d'__i-.',.* 1. N Venkategowda, S/o N. Change Gowda Age 40 years, Occ Business, R/o.Thotakanuma, Venkatagiri Kote, Chittoor District. 2. Deyananda Gowda, S/o. R. GopaI Gowda, age 45 years, R/o. Gownithimmpalli Village, Baireddypalli MandaI, Chittoor District. 3. G. Sarath Kumar, S/o. Amara Narayana, age 35 years, 1-65, R/o. Kumbarlapa[li Village, V. Kota Mandal, Chittoor District. 4. K.H. Manjunath, S/o. Hanume Goud, age 35 years, 1-65, r/o. Thotakanuma Village, V. Kota MandaI, Chittoor District. 5. Selva, S/o. G. Subramanyam, age 32 years, Occ Driver, R/o. Kolamasanapalli Village, Palamaner Mandal, Chittoor District. ...Petitioner/Al to A5 AND 1. The State through SHO, Palamaner Urban Police Station, Chittoor District, Andhra Pradesh rep by Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant ...petitioner/Proposed Respondent petition under section 482 of BNSS, 2023, praying that 'ln the circumstances stated in the memorandum of grounds filed in support of the criminal Petition, the H'lgh Court may be pleased to enlarge the Petitioners on Bail in the event of their arrest in COnneCt'lOn With Crime No. 167 of 2024 of palamaner ups, chittoor District, for the alleged offences punishable under sections 303 (2), 318(4) r/w 3(5) of Bharatia Nya}a Sanitha, 2023 (BNS), pending enquiry and tr'lal on the file of Judic®lal Magistrate of First Class palamaner , pending enquiry and trial. counsel forthe petitioner : Sri P Hema Chandra counsel for the Respondent : Publ|lc Prosecutor The Court made the following ORDER-. -++\-+i+ u THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY £BIMINAL PETITION NO.5649 0F 2024 ORDER:- The CrI-minal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioners herein/Al to A5 to grant anticipatory bail in connection with Crime No.167 of 2024 of Palamaner UPS, Chittoor District, registered for the offences punishable under Sections 303(2) and 318(4) read with 3(5) of the BNS. 2. Case of the prosecution is that on o6.08.2024 at ll.00 PM, the defacto complainant lodged a report before the police alleging that the accused committed theft of vehicles belonging to him and thereby dishonestly induced and caused mental agony to him. 3. Heard. Perused the record. 4. A perusal of the material on record goes to show that the complaint has been filed by the defacto complainant herein and the Same Was not registered by the police. Subsequently, basing on the recommendation of the Honlble Chief Minister of Andhra Pradesh, the present crime has been registered against the petitioners herein. There is an agreement entered between the defacto complainant and the petitioners to the extent that the petitioners purchased Honda Excavator to the tune of Rs.1,48,00,000/-. Out of which, an amount of Rs.30,00,000/- has been paid by way of cash and cheque. lt is alleged that thereafter the vehicles committed theft by the petitioners hereI'n. J~dyrfu I ' 2 Jr, 5. Sri O.Manohar Reddy, learned senior counsel appearing on behalf of the petitioners submits that neither of the offences alleged would attract to the present facts and cI®rCumStanCeS Of the case. In order to attract an offence of cheating, there should be dishonest intention right from the beginning. lt is pertinent to mention here that initially tat the time of vehicles being purchased by the petitioners, an amount of Rs.40,00,000/- has been paid to the defacto complainant. i At the tinie of the offence, section 303(2) would not attract for the reason that when the vehicles registered in the name of the Petitioners herein, they have every right to take the vehicles. 6. Learned counsel appearing on behalf of the defacto complal'nant strenuously contended that it has become dI'fflCult for them to lodge a report in the police statl®on because the petitioners are powerful. He further submits that whereabouts of the vehicles are not known. 7. In view of the aforesaid facts and circumstances of the case, there is any amount of ambiguity whether the offences alleged would attract against the petlapnerS herein or not. In view of the said reasons, this Court l's inclihed to consI'der request of petitioners ) for grant of anticipatory bail. 8. Accordingly, l'n the event of their arrest, petitioners herein/Al to A5 shall be released on bail on each of them executing a Personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the lI-ke Sum each to the satl'sfactl'on of the arresting poll-ce offI®CialS, and also on condition that the petitioners sha" make themselves available for investigation EE -i= r\ \f r-Jar. as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. The Petitioners Shall appear before the station House Officer concerned once in a week i.e., on every saturday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet. The petitioners shall inform the whereabouts of the vehicles to the investigating agency. It is made clear that the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be vl'ewed seriously and prosecution is at lI'berty tO move an aPPIl-cation for cancellation of the bail. 9. Accordingly, the criminal petition is allowed. I ^ II //TRUE COPY// F( SD/-N.NAGAMfVIA ASSISTANT RgieI SECTION TRAR ER . . Tol 1. The Station House Officer, Palamaner Urban Police Station, Chittoor District. 2. R. Janardhan Naidu, S/o. K.S.Ramanath Naidu, Aged about 53 years, Occ.Business, R/o. Kennamakula Palli Village, Santhapuram mandal, Chittoor. (by RPAD) 3. One CC to SRl. P HEMACHANDRAAdvocate [OPUC] 4. Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT] 5. One spare copy CVSS HIGH COURT SRK,J DATED:03/01/2025 BAIL ORDER CRLP.No.5649 of 2024 ALLOWED uREq "EH=_EREPHHEN REEEFE fty® BIELN 1\\\ I;-.1, . . m|.- tr