Rani Alias Korrapati Rani v. The State of Andhra Pradesh
CRLP/9760/2025 · 2025-11-03
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52417 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52417 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR i!fSf>.
TUESDAY, THE FOURTH DAY OF NOVEMBER \ TWO THOUSAND AND TWENTY FIVE : PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9760 OF 2025 v W\ 6i5> lyK \ -JEF# Between:
1. Rani @ Korrapati Rani, W/o. Pitchaiah, aged about 74 years, R/o. D.No.1-109, Kammavaripalem Village Nandigama Mandal District, A.P. N.T.R.
2. Nagaraju @ Boppudi Nagaraju, S/o, Kanaka Rao, aged about 44 years, R/o. D.No.11-348, Pandu Ranga Nagar, 4/2 Lane, Near Naveena School, Gorantia Guntur, Guntur District, A.P. ...Petitioners/Accused No.8, 9 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent of BNSS 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 enlarge the Petitioners/Accused No.8, 9 on bail in the event of their arrest in connection with Crime No.264/2025 District for the offence under Sec.316(1), 127(1), 115(2), 338 r/w 3(5) Petition under Section 438 of Cr.P.C/ Under Section 482 on the file of Arundalpet P.S., Guntur B.N.S. ^ The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI RAM BABU DEVAVARAPU Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the Court following made the
^PHC010489732025 !M THE HIGH COURT OF ANDHRA PRADESH AT AIVlARAVATi (Special Original Jurisdiction) [3521] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9760/2025 Between:
1.RANI ALIAS KORRAPATI RANI, W/0. PITCHAIAH, AGED ABOUT 74 YEARS, R/0. D.NO.1-109, KAMMAVARIPALEM VILLAGE NANDIGAMA MANDAL, N.TR. DISTRICT, A.R 2.NAGARAJU ALIAS BOPPUDI NAGARAJU, S/0, KANAKA RAO, AGED ABOUT 44 YEARS, R/O. D.N0.11-348, PANDU RANGA NAGAR, 4/2 LANE, NEAR NAVEENA SCHOOL, GORANTIA GUNTUR, GUNTUR DISTRICT, A.R ...PETIT!ONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accusedlS):
1.RAM BABU DEVAVARAPU Counsel for the Respoodent/complainant;
1. PUBLIC PROSECUTOR The Court made the folfowwig:
ORDER: The Criminai Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the
2 petitioners/Accused Nos.8 & 9 for granting of pre-arrest bail in connection with Crime No.264 of 2025 of Arundaipet Police Station, Guntur District, registered for the alleged offences punishable under Sections 316(1), 127(1), 115(2) & 338 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) Heard the learned Counsel for the Petitioners and the learned Assistant
2. Public Prosecutor.
3.
Learned Counsel for the Petitioners submits that the Petitioners were falsely roped into the criminal case, there are no allegations against them. They are permanent residents of Nandigama Mandai, N.T.R. District and Gorantia, Guntur respectively. They have got fixed abode. If any conditions are imposed, they would abide by those conditions and it is urged to grant pre arrest bail to the Petitioners.
4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor submits that Petitioners acted as attestors to GPA and sale agreement which were executed on the same day. The Petitioners have shared the common intention in commission of the offence, and it urged to dismiss the petition as the investigation is in progressive stage, and they deceived a blind lady and got transferred her properties to third party.
Learned Counsel for the Petitioners relied on the decision of a learned Single Judge of this Court in Prattipati Veera Venkata Siva Prasad v. State of A.P^ wherein at paragraph No. 15 it is held that an attesting witness could not be pulled into criminal proceedings, if there was no other allegation except
5. ^ Crl.P.No.1542 of 2021 datedi 0.05.2024
that such person acted as attestor as they were only witnesses to the effect that certain persons executed signature in the
7. The Accused Nos.2 & 3 were arrested and enlarged on bail by the learned Trial Court. Similarly, Accused Nos.4 to 7 were arrested and enlarged on bail. The learned Counsel for the Petitioners submits that in I.A.No.3 of 2025 in Crl.P.No.6320 of 2025 on 20.08.2025, a learned Single Judge of this Court granted a protection order not to take coercive steps against Accused Nos.1 to
3. Yet, Accused Nos.2 & 3 presence. were arrested in the course of investigation. However, Accused No.i was not yet arrested. The victim is a blind lady aged about 59 years. The de-facto complaint/Paruchri Vishnu Vardhan is Junior Maternal Cousin of the victim. The Petitioners are also relatives of the de-facto complainant and the victim.
9.
Learned Counsel for the Petitioners placed on record a complaint
8. lodged by the victim against the de-facto complaint and submits that the de- facto complaint has created unnecessary complicated legal issues and subjecting the Petitioners to harassment and to that effect the victim has submitted a complaint to the Station House Officer to Arundalpet Station, Guntur. Police
10. Petitioner No.i/Accused No.8 is a female aged about 74 years. As mentioned supra, she is also relative of the victim and the de-facto complainant. Considering her extreme age and gender and also the nature and gravity of the allegations levelled against her, this Court is inclined to grant pre-arrest bail to Petitioner No. *1/Accused No.8. 4 In the result, the Criminal Petition is allowed so far as Petitionet
11. No. 1/Accused No.8 is concerned with the following conditions: In the event of the arrest, the Petitioner No. 1/Accused No.8 I. shall be enlarged on bail subject to he executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only). each with two sureties for the like sum each to the satisfaction of the arresting police officials. The Petitioner No. 1/Accused No.3 shall cooperate with the II. Investigation Officer and shall make themselves available for investigation as and when required. The Petitioner No. 1/Accused No.8 shall not cause any threat^ inducement or promise to the prosecution witnesses. III. The Petitioner No.l/Accused No.8 shall not commit or indulge IV. in similar offences in future. The Petitioner No.l/Accused No.8 shall not leave the State of V. A.P., limits without the express permission from the Station House Officer concerned. The General Power of Attorney vide document No. 153 of 2024 and the
12. Sale Agreement vide document No. 11591 of 2024 were executed on 12.07.2024; another General Power of Attorney vide document No. 60 of 2024 and Sale Transaction vide document No. 13433 of 2024 were executed on 22.08.2024; the General Power of Attorney vide document No. 62 of 2024 and Sale Transaction vide document No. 14460 of 2024 were executed on -
5 18.09.2024; the Genera! Power of fXttorney vide document No. 67 of 2024 and Sale Transaction vide document No. 15755 of 2024 were executed on 21.10.2024; and on 22.10.2024, two sets of documents were executed - General Power of Attorney vide document No. 68 of 2024 with Sale Transactions vide document Nos. 15767 and 15768 of 2024 respectively.
In all the six documents Petitioner No,2/Accused No.S subscribe his signature as attestor. In view of the nature sncl gravity the allegations against the Petitioner
13. No.2/Accused No.9, this Court is not inclined to grant pre-arrest bail to the Petitioner No.2/Accused No.9. Hence the F^etition is dismissed against Petitioner No.2/Accused No.S
14. Accordingly, Criminal Petition is partly allowed. SD/- K.SRINIVASA RAJU ASSJSTAN^EGISTRAR SECTION OFFICER //TRUE COPY// For To,
1. The Station House Officer, Arundalpet Police Station, Guntur District
2. One CC to SRI. RAM BABU DEVAVARAPU Advocate [OPUC]
3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
4. One spare copy PSR
HIGH COURT DR.YLR,J DATED:04/11/2025 BAIL ORDER CRLP.No.9760 of 2025 PARTLY ALLOWED