[3327] FRIDAY ,THE THIRTY FIRST DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RE CRIMINAL PETITION NO: 787 OF 2025 Betwee n : Altar Chand Basha, S/o.Altar Abdul Khader, S/o.58 years, Occ: Ex- MLA, Kadiri Constituency, R/o.D.No.ll-300-A,Bandu Sahib Street, Valisab Road, Kadiri Town, Sri Sathya Sai District. Petitioner/Suspected Accused The State of Andhra Pradesh, Represented by the Public Prosecutor High Court of Andhra Pradesh Respondent AND Petition under 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 grant the petitioners anticipatory bail in the event of his arrest crime in FIR No.175 of 2024, dated 25.ll.2024 on the file of Kadiri Rural U/G Police Station. 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 B.ABHAY SIDDHANTH MOOTHA Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. ` - \ + 2 ORDER:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short lthe BNSS') has been filed on behalf of the petitioner/suspected accused to grant anticipatory bail in connection with crime No.175 of 2024 of Kadiri Rural U/G Police Station, Sri Satya Sai District. 2. A case has been registered against the accused v,-z. Sabhavath Somlaa Naik for the offences punishable under Sections 318 (4), 308 (5), 351 (3) of the Bharatiya Nyaya Sanhita, 2023 (for brevity tBNS'). 3. Brief facts of the case of proseoution are that in the year 2018, the accused v,'z. sabhavath somla Naik, resident of. Sunnapugutla Thanda village, Kadiri MandaI, was alleged to have made the c/e racfo complainant to believe by stating that the Govemment was giving pattas to the pcor in survey No.470 in the surrounding areas of Sunnapugutta Thanda village of Kadiri Mandal; that the c/e facfo complainant agreed to pay a sum of Rs.1,20,000/-for Ac.0.021/2 cents Of land and accordingly paid Rs.30,000/- towards advance in three installments and later, got the land for Ac.0.02 cents instead of Ac.0.02 1/2 Cents; that the de facfo complainant leamt that the accused cheated her and when she questioned the same on 19.ll.2024, the accused was alleged I- - 3 to have snatched the original pattas from her hands and I/ threatened her with dire consequences and further, the accused did not give the amount to her. A report was Presented tO the police, basing on which a case in Crime No.175 of 2024 of Kadiri Rural U/G PS for the aforesaid OffenCeS Was registered and investigated into. 4. Learned counsel for the Petitioner WOuld contend that the accused was given for police custody and the accused in his confessional statement stated that the petitioner abetted to commit the offence of creating fake patta documents. The petitioner is nO way connected to the crime and there is every likelihood of apprehending the petitioner for extracting confession in the police custody. Hence, the Criminal Petit-Ion. 5. Learned Assistant Public Prosecutor for State would submit that the investigation is pending and number of witnesses have to examined and if the petitioner is granted anticipatory bail, the investigation in this crime may cause hurdle. Hence, prays to dism'lss the Criminal Petition. 6. Heard and perused the record. 7. A perusal of the contents Of the FIR coupled with the confess'lonal statement of the accused goes to show that certain accusations have been made as against the accused and in the EEE I 4 confessional statemeri't of the accused, he confessed that he was alleged to have abetted the other accused to commit the offence of creatl'ng fake patta documents. Except the said confession of accused, there Its nO Other material to connect the petI'tI-Oner to the alleged crime. The petl'tioner is an Ex-MLA of Kadiri constituency. ln view of the facts and cI'rCumStanCeS Of the case, this Court Its I'nCIined to grant antjcI'PatOry bail to the petitI'Oner/suspected accused, on certain conditions 8. Accordingly, in the event of the arrest of petitioner/ suspected accused in the above crime, he shall be released on bail on his executing personal bond for a sum of Rs.10,OOO/-(Rupees ten thousand) with two sureties each for the like sum to the satisfaction of the arresting police officials. Further, the petitioner/ suspected accused sha" appear before the station House officer, concerned once l'n a week ,'.e. on every saturday in between 10.00 a.m. and 2.00 p.m. tI-ll filing of the charge sheet and further, the petitioner/suspected accused shall make himself available for investigation as and when required and that he sha" not cause any threat, I-nduCement or promise to the prosecution witnesses. 9. Accordingly, the criminal Petition I-s allowed. Sdi-N. ,ink:i± ; :`:_ As s lsF£'riT#E Its TRir h //TRUE COPY// LD i_ SEcTIONoFFICER To, r/ 1. The Station House Officer, Kadiri Rural U/G Police Station, Sri Satyasai District. 2. One CC to SRl. B.ABHAY SIDDHANTH MOOTHAAdvocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 4. One spare copy I- \ . HIGH COURT SRK,J DATED:31/01/2025 BAIL ORDER CRLP.No.787 of 2025 ALLOWED .+h-.... --