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2026 DAILYLAW 8687 (AP)

Atla Eswaramma v. The State Station House Officer

CRLP/6907/2026 · 2026-08-17

Y Lakshmana Rao

body2026

Judgment text

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APHC010419632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6907/2026 Between: 1. ATLA ESWARAMMA, W/O. VENKATA REDDY,AGED ABOUT 54 YEARS, OCC HOUSEWIFE,R/O. AGATHAVARAPADU VILLAGE, REDDY PALEM,PEDAKAKANI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. ATLA BALAKRISHNA REDDY, S/O. VENKATA REDDY,AGED ABOUT 37 YEARS, OCC BUSINESS,R/O. AGATHAVARAPADU VILLAGE, REDDY PALEM,PEDAKAKANI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 3. TIYYAGURA HARI KRISHNA, W/O. SESHU REDDY,AGED ABOUT 38 YEARS, OCC HOUSEWIFE,R/O. D.NO.1-83, GANNAVARAM VILLAGE, YADDANAPUDI MANDAL,PRAKASAM DISTRICT, ANDHRA PRADESH. 4. BHAVANAM GEETHA KRISHNA, W/O. SURESH KUMAR,AGED ABOUT 36 YEARS, OCC HOUSEWIFE,R/O. AGATHAVARAPADU VILLAGE, REDDY PALEM,PEDAKAKANI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND THE STATE STATION HOUSE OFFICER, Pedakakani P.S.,Rep. by Public Prosecutor,High Court of A.P., Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): RATAN MOHAN MEDIDA 2 Dr.YLR,J Crl.P.No.6907 of 2026 Dated 18.08.2026 Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 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.1 to 4 for granting of pre-arrest bail in connection with Crime No.399 of 2025 of Pedakakani Police Station, Guntur District, was registered for the alleged offence punishable under Sections 416, 420, 465, 467, 468 and 471 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’). 2. The case of the prosecution, in brief, is that the Joint Sub-Registrar, Pedakakani, lodged a complaint alleging that certain cancellation deeds were fraudulently created during 2019-2020 by impersonating the original owners, using fake Aadhaar numbers and in the names of deceased persons. Based on the said deeds and by suppressing earlier alienations, A-1 to A-4 and others allegedly executed certain documents in favour of third parties. The District Registrar, Guntur, upon enquiry, found impersonation, forgery, use of fabricated documents and fraudulent registration of the subject properties, and submitted a report dated 16.05.2025. Pursuant thereto, permission was accorded under Section 83 of the Registration Act to prosecute the persons concerned, and the present crime was registered. 3 Dr.YLR,J Crl.P.No.6907 of 2026 Dated 18.08.2026 3. Mr. Ratan Mohan, learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offences and are law-abiding citizens. He submits that the petitioners have been falsely implicated in the present case and have no role in the alleged fraudulent transactions. He further submits that the disputed documents were executed pursuant to existing title and registered transactions, and that the petitioners had no knowledge of any alleged impersonation or forgery. It is further submitted that the dispute is essentially civil in nature and that the petitioners did not derive any wrongful benefit from the alleged transactions. He also submits that the petitioners have no criminal antecedents and are ready to cooperate with the investigation. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Mr.A.Sai Rohit, learned Assistant Public Prosecutor, vehemently opposes the grant of pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that, if the petitioners are released on pre- arrest bail, there is a strong likelihood of their absconding, thereby hampering the ongoing investigation and evading the process of law. Learned Assistant Public Prosecutor submits that the petitioners are directly involved in the alleged fraudulent transactions and that the investigation revealed 4 Dr.YLR,J Crl.P.No.6907 of 2026 Dated 18.08.2026 impersonation, forgery, use of fabricated documents and fraudulent registration of the subject properties. He further submits that the District Registrar, Guntur, after conducting a detailed enquiry, submitted a report and accorded permission under Section 83 of the Registration Act for prosecution. He submits that the investigation is still in progress and the involvement of the petitioners has to be established by collecting further evidence. Hence, he urges that the petition be dismissed. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners are arraigned as Accused Nos.1 to 4. It appears that serious allegations of impersonation, forgery and fraudulent registration of the subject properties are levelled against the petitioners. The allegations are based on the enquiry conducted by the District Registrar, Guntur, and the report dated 16.05.2025. The investigation is still in progress, and the role of the petitioners requires further examination. However, the petitioners are permanent residents of Guntur and Prakasam Districts respectively and have got fixed abodes. 7. In view of the specific overt acts attributed against the petitioners, this Court is not inclined to grant pre-arrest bail to the petitioners, as it would amount to giving a shield, or protection or license to the petitioners against whom specific and serious allegations have been made, as per the judgments 5 Dr.YLR,J Crl.P.No.6907 of 2026 Dated 18.08.2026 of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. 8. 8. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations, and the material available on record, this Court is not inclined to grant pre-arrest bail to the petitioners/Accused Nos.1 to 4. Accordingly, this Court finds no merit in the Criminal Petition, and the same is liable to be dismissed. 9. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2026 RSI 1(1980) 2 SCC 565 (2020) 5 SCC 1 6 Dr.YLR,J Crl.P.No.6907 of 2026 Dated 18.08.2026 121 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6907 of 2026 Date: 18.08.2026 RSI