Shaik Mohammad Irshad v. The State of Andhra Pradesh
CRLP/7128/2026 · 2026-09-28
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11751 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11751 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010431092026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7128/2026 Between:
1. SHAIK MOHAMMAD IRSHAD, S/O. SHAIK MASTHAN VALLI,AGED ABOUT 35 YEARS, OCC LICENSED DOCUMENT WRITER,R/O.
D.NO.57/448-5, SHASTHRI NAGAR,AKKAYAPALLI, KADAPA, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. PALAMPALLE JAYA BHARATH REDDY, AGE 74 YEARS, KADAPA TOWN, YSR KADAPA DISTRICT. (CRIME NO.138 OF 2025 OF RIMS UPS POLICE STATION, YSR KADAPA DISTRICT) RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 24.08.2026 IN CRL.P.NO.7128 OF 2026. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1. C B ADARSH KUMAR Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following:
2 Dr. YLR, J Crl.P.No.7128 of 2026 Dated 29.09.2026
ORDER:
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.8for granting of pre-arrest bail in connection with Crime No.138 of 2025 of RIMS U/G Police Station, YSR KadapaDistrict, registered for the alleged offences punishable under Sections 318(4), 338 and 340(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Sri C.B.Adarsh Kumar, the learned counsel for the Petitioner, contends that the Petitioner is the innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor, and Mr.G.V.Durga Prasad, learned counsel for the Respondent No.2 vehemently opposed the grant of pre-arrest bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the
3 Dr. YLR, J Crl.P.No.7128 of 2026 Dated 29.09.2026
ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 4.
Heard the learned counsel for the Petitioner, learned legal aid Counsel for the Respondent No.2 and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner has been arraigned as Accused No.8 in Crime No.138 of 2025 on the file of RIMS UPS, YSR Kadapa. The petitioner is a licensed document writer. Accused Nos.5 to 7 were arrested and released on regular bail by the learned trial Court concerned. The alleged involvement of the petitioner came to light based on the confessional statements of the other accused. It is alleged that the petitioner, in collusion with Accused No.7, namely Dasari Sekhar Babu, assisted in the preparation of a false Adangal. The further allegation against the petitioner is that, with the assistance of the other accused, he created certain false and fabricated documents and facilitated the registration of the property in favour of Respondent No.2, despite the fact that the vendor of Respondent No.2 did not possess valid or lawful title over the said property. 6. Considering the nature of the allegations leveled against the petitioner/Accused No.8, his alleged role played in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused No.8. 4 Dr. YLR, J Crl.P.No.7128 of 2026 Dated 29.09.2026
7. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the petitioner/Accused No.8 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The petitioner/Accused No.8 shall make himself available for investigation as and when required; iii. The petitioner/Accused No.8 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioner/Accused No.8 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
v. The Petitioner/Accused No.8 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused No.8 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. 5 Dr. YLR, J Crl.P.No.7128 of 2026 Dated 29.09.2026
vii. The Petitioner/Accused No.8 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.09.2026 DRNR/VMM
6 Dr. YLR, J Crl.P.No.7128 of 2026 Dated 29.09.2026
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7218 of 2026
Date:29.09.2026 DRNR/VMM