Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY FIVE iPRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7749 OF 2025 , * i If ;,V •x ■'SfS-.!**'■' s N Between:
1. Pathan Imran Khan, S/o. Asudulla, Aged about 39 Years, R/o. D.N0.8- 28-5/A, Katevaram Road, Balajirao Peta, Tenali, Guntur District, Andhra pradesh 522-202. 2. Pathan Riyaz Khan, S/o. Late P. Asadulla Khan, Aged About 39 R/o.D.No.2-3-121, 3rd Floor, Pg Road, Nallagunta, Secunderabad, Hyderbad. 3. Maimun Pathan, W/o.Asudullakhan Pathan, aged about.60 years, R/o. D.N0.8-28-5/A, Katevaram Road, Balajirao Peta, Tenali, Guntur District Andhra pradesh 522-202 years. i
4. Shaik Ashik Ali, S/o. Shaik Baji, aged about 30 years, R/o.5-39, Penumuli, Duggirala, Guntur, Andhra pradesh. 5. Pathan shahistha praveena, S/o. Pathan Riyaz Khan, aged about 35 R/o.D.No.2-3-121 years Secunderabad, Hyderbad 3rd Floor, Pg Road, Nallagunta, ...Petitioner/Accused No.2 to 6 AND
1. The State of Andhra Pradesh, Represented by its Public Prosecutor, Through Ongole II Town Police Station, Prakasham District A.P. High Court of Andhra Pradesh. 2. Shaik Nazma Banu, D/o. Shaik Pacha Saheb, Age unknown years, R/o.D.No. 17-25-144, Riksha Bazar, Near Abiram Apartments, Siva Nageswara Rao, Padmavathi Nilayam, Prakasam District, Ongole -
523001. (Respondent No.2 is impleaded as per the Court's order dated 19.08.2025 in I.A.No.1 of 2025 in Crl.P.No^749 of 2025.) ...Resporidents 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 Petition, the High Court may be pleased to grant anticipatory bail to the petitioners / Accused No.2 to 6 in the event of his arrest in F.I.R. No. 100 of 2025, dated 17.07.2025 on the file of Ongole II Town Police Station, Praksham District.
Counsel for the Petitioners : Sri Somisetty Ganesh Babu Counsel for the Respondent No.1 : Assistant Public Prosecutor Counsel for the Respondent No.2 : Sri Sk.Abul Azeem 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.2 to 6 for granting of pre-arrest bail in connection with Crime No.100 of 2025 of Ongole II Town Police Station, Prakasham District, registered for the alleged offence punishable under Sections 85, 82(2), 316(2), 119(1) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2. Perused the record. Heard the
learned counsel for the petitioners, the learned Assistant Public Prosecutor and the
learned counsel for respondent No.2.
3. The
learned counsel for respondent No.2 argues that the petitioners/accused Nos.2 to 6, along with accused No.1, misused the funds of the defacto complainant to the tune of Rs.1 crore and also
illegally took away huge quantities of gold ornaments from the possession of the defacto c(^plainant. Several large amounts were allegedly transferred to the account of accused No.3, and the defacto complainant was cheated by the petitioners. It is further alleged that accused No.1 married the daughter of Saheb illegally for the third time without the consent of respondent No.2. The learned counsel submits that the petitioners are not entitled to pre-arrest bail and urges that the petition be dismissed. 4. Accused No.1 earlier filed Criminal Petition No.7748 of 2025 seeking pre-arrest bail, but that petition was dismissed as infructuous since he was arrested during its pendency. Petitioner No.1/accused No.2 was also arrested during the pendency of his petition and was later t enlarged on bail by this Court in Crl.P.No.19573 of 2025. Petitioner No.2/accused No.3 is the brotherin-law of respondent No.2 and the brother of accused No.1. Petitioner No.3/accused No.4 is the mother-in- law of respondent No.2 and the mother of accused No.1. Petitioner No.4/accused No.5 is the brother-in-law of respondent No.2 and the brother of accused No.1. Petitioner No.5/accused No.6 is a relative of both accused No.1 and respondent No. 2. However, the petitioner Nos.2 and 5/accused Nos.2 and 6 are residing at Nallagunta, Secunderabad. Petitioners Nos. 2 and 5 are husband and wife. 5. On an earlier occasion, accused No.1 filed a writ petition against the police officials alleging interference in the affairs between him and the defacto complainant/respondent No.2. Subsequently, at the instance of the defacto complainant, the present case came to be registered. So far, five witnesses have been examined. Accused No.1 and petitioner No.l/accused No.2 were already arrested and have been released on bail. Petitioners Nos.2 to 5/accused Nos.3 to 6 are relatives of both the defacto complainant and accused No.1. The allegations levelled against these petitioners are minor in nature. 6. Considering the facts and circumstances, the gravity and nature of the allegations levelled the;,Petitioners, this Court is inclined to grant pre-arrest bail to the Petitioners/ Accused Nos.3 to 6. 7.
In the result, the Criminal Petition is allowed with the following conditions: i. In the event of arrest of the Petitioners/ Accused Nos.3 to 6, they shall be enlarged on bail subject to they executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioners/ Accused Nos.3 to 6 shall make themselves available for investigation as and when required; iii. The Petitioners/ Accused Nos.3 to 6 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioners/ Accused Nos.3 to 6 shall appear before the Station House Officer concerned once in a month i.e., on any Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. V. The Petitioners/ Accused Nos.3 to 6 shall not leave the district limits without the express permission from the Station House Officer concerned. Vi. The Petitioners/ Accused Nos.3 to 6 shall surrender their passport, if any, to the investigating officer. If they claims that they does not have passport, they shall submit an affidavit to that effect to the Investigating Officer. Sd/- G.Hela Naidu DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Ongole II Town Police Station, Prakasham District. 2. One CC to Sri Somisetty Ganesh Babu, Advocate [OPUC]
3. One CC to Sri Shake Abdul Azeem, Advocate [OPUC]
4. Two CCs Public Prosecutor, A?P. High Court, Amaravati [OUT]
5. One spare copy Cvss CRLP.No.7749 of Note: Modification of order dated 19/11/2025 passed in
“Accused No.3 to 6” instead of “Accused No.2 to 6”, as 2025 to the effect of Court Order dated 30/12/2025 in IA.No.2 of 2025 in CRLP.No.7749 of per
2025. Substitute this amended order in piace of earlier order which was dispatched on 19/11/2025 in CRLP.Nb.7749 of 2025.
Sd/- G.Hela Naidu DEPUTY REGISTRAR
HIGH COURT > Dr.YLR.J DATED:19/11/2025 07/01/2026 (AMENDED) ANTICIPATORY BAIL ORDER CRLP.No.7749 of 2025 ALLOWED