1 APHC010687002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13067/2025 Between: 1. SHAIK MAHABOOB BASHA, S/O. SHAIK BUDAY, AGED ABOUT 48 YEARS R/O. D.NO. 2-3-18,4TH WARD, MOLLA STREET, PONNUR, BAPATLA DISTRICT ANDHRA PRADESH. 2. SHAIK JANI BEGUM,, W/O. SHAIK MAHABOOB BASHA, AGED ABOUT 42 YEARS, R/O. D.NO. 2-3-18, 4TH WARD, MOLLA STREET, PONNUR, BAPATLA DISTRICT, ANDHRA PRADESH. 3. SHAIK AKTHAR,, S/O. SHAIK MAHABOOB BASHA, AGED ABOUT 25 YEARS R/O. D.NO. 2-3-18, 4TH WARD, MOLLA STREET, PONNUR, BAPATLA DISTRICT ANDHRA PRADESH. 4. JANY BASHA,, S/O. SHAIK MAHABOOB BASHA, AGED ABOUT 22 YEARS R/O. D.NO. 2-3-18,4TH WARD, MOLLA STREET, PONNUR, BAPATLA DISTRICT ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICT, ANDHRA PRADESH. 2 2. SHAIK MAHABOOB SUBHANI, S/O. BIKARI SAHEB, AGE 55 YEARS, D.NO.24-10-14, 28TH WARD, PONNUR TOWN, GUNTUR DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 06.01.2026 IN CRL.P.NO.13067 OF 2025. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. A VARALAKSHMI Counsel for the Respondent/complainant(S): 1. ABDUL HAMEED BAIG MOHAMAAD 2. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13067 OF 2025 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9) by the Petitioners/Accused Nos.1 to 4 for granting of pre-arrest bail in connection with Crime No.222 of 2025 of Ponnur Police Station, Guntur District, registered for the alleged offence punishable under Sections 467, 468, 471 and 420 read with 34 of IPC. 2. Heard Ms.A.Varalakshmi, the learned Counsel for the Petitioners, Mr.K.Sandeep, learned Assistant Public Prosecutor and Mr.M.A.Hameed Baig, learned counsel for respondent No.2. 3. The case of the prosecution in brief is that the Indira Kranthi Mutually Aided Co-operative Consumer Stores Limited, Ponnur, was duly registered under the A.P.Mutually Aided Co-operative Societies Act, 1995, bearing No.AMC/GNT/DCO/2017/3613, dated 28.11.2017. The accused No.2 is Chief Promoter, the defacto complainant and his wife were members/directors of the society. In 2018, they voluntarily agreed to sell the schedule property to the society for Rs.24,50,000/-, which was fully paid. A registered sale deed No.2610/2018 dated 17/18.09.2018 was executed in favour of the society. It is further allegation that the society thereafter mortgaged the property to the 4 National Co-operative Development Corporation (NCDC) for a loan to run a Dall Mill business as the mortgage and loan were for the benefit of all members, including the complainant9s wife. However, subsequently in the year 2019, a separate lease deed No.2995/2019 was executed by the complainant in favour of the society for another property. Due to defaults in loan repayments, disputes arose. The complainant filed the present complaint. 4. Learned counsel for the petitioners would submit that the petitioners herein are Accused Nos. 1 to 4 and that no specific overt acts are attributed to them in the present matter. It is further submitted that the investigation might have been completed. The learned counsel would further submit that the petitioners are falsely implicated in this case. Learned counsel would further submit that the petitioners are ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure their presence for the purpose of investigation. 5. Mr. K. Sandeep, learned Assistant Public Prosecutor, would submit that the investigation is at nascent stage, and vehemently oppose the grant of anticipatory bail to the petitioners. 6. Considering the submissions made, upon perusal of the material on record, and taking into account the facts and circumstances of the case that the absence of any specific overt acts attributed to the petitioners/Accused Nos. 1 to 4, and the fact that the investigation might have been completed, the 5 question of tampering with the investigation or influencing the witnesses does not arise. Accordingly, this Court is inclined to grant pre-arrest bail to the petitioners/Accused Nos. 1 to 4. 7. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of arrest of the Petitioners/ Accused Nos.1 to 4, they shall be enlarged on bail subject to they executing bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. On release, the petitioners shall appear before the Station House Officer, concerned, twice in a week i.e., on every Sunday and Wednesday between 10.30 a.m. and 05.00 p.m., till filing of the charge sheet. iii. The Petitioners/ Accused Nos.1 to 4 shall make themselves available for investigation and shall cooperate with the investigating officer for further investigation; iv. The Petitioners/ Accused Nos.1 to 4 shall not cause any threat, inducement or promise to the prosecution witnesses; v. The Petitioners/ Accused Nos.1 to 4 shall not leave the limits of Andhra Pradesh State without the express permission from the concerned Court. vi. The Petitioners/ Accused Nos.1 to 4 shall surrender their passports, if any, to the concerned Magistrate Court. If they 6 claims that they do not have passport, they shall submit an affidavit to that effect to the Court concerned. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 28.01.2026 S D P 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13067 OF 2025 28.01.2026 S D P