Andhra Pradesh High Court - Amravati
Mannem Priyanka vs The State Of Andhra Pradesh on 11 August, 2022
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No.5638 OF 2022
ORDER:
This Criminal Petition is filed under Section 438 of Criminal
Procedure Code ('Cr.P.C.' in short), seeking pre-arrest bail, by the
petitioner/Accused No.17 in Crime No.112 of 2022 of Badvel (U/G) Police
Station, Kadapa District, registered for the offences punishable under
Sections 120(B), 420, 466, 467, 468, 471, 471 A, 472, 474, 475 read with
34 IPC.
2. The case of the prosecution, in brief, is that, on receipt of reliable
information and on instructions of Revenue Divisional Officer, Badvel, the
complainant i.e., Tahsildar of Gopavaram and his staff seized fake seals
pertaining to the Government offices of Gopavaram, Badvel, B.Kodur and
Revenue Divisional Officer, Rajampet, Sub-Colletor, Rajampet. He also
seized fake annexures, fake DKT pattas, fake passbooks and other
connected records from the house bearing D.No.6-4-944, Sundaraiah
colony, Badvel, belonging to mother-in-law of A.1. On the next day, A1
was called to Tahsdilar office, Badvel and on enquiry, he confessed that
he along with several offenders started creating fake pattas. He also
confessed commission of offence. On the strength of the complaint of
Tahsildar, Gopavaram and Tahsildar, Badvel, police registered the above
crime, in which the petitioner is arrayed as A.17.
3. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and
Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for
the respondent-State.
4. Learned counsel for the petitioner, in elaboration to what has been
stated in the grounds, contended that petitioner is innocent and she was
falsely implicated in this crime basing on the confessions statement of A.1.
Earlier, the petitioner filed Crl.M.P.No.4367 of 2022 before this court, and
the same is dismissed on 01.07.2022 on the ground that investigation is
at nascent stage. He further conteded that pursuant to the dismissal of
the said application, investigation is almost on the verge of completion
and some of the accused got regular bail and some of the accused got
anticipatory bail and as there are some changed circumstances, the
petitioner filed the present application seeking this court to grant
anticipatory bail stating that the petitioner will definitely cooperate with
the investigation and she will abide any conditions imposed by this court.
5. On the other hand learned Assistant Public Prosecutor opposed to
grant the bail on the ground that the petitioner is the one of the persons,
who forged the signatures of Tahsildar. He further conteded that though
the petitioner was shown as A.17 basing on the confession statement of
A.1, her role is very much there in the present crime. He further
contended that in the event of granting pre-arrest bail to the petitioner,
she may not cooperate with the investigation and trial and seeks for
dismissal of the petition.
6. The learned Special Assistant Public Prosecutor while submitting his
contentions, relied upon the judgment reported in (2017) 9 SCC 641 para
18. No doubt, it is a settled principle of law, but however, this Court has
to look into the facts and circumstances of each case while considering
the application.
7. It is an admitted fact that the petitioner got implicated basing on
the confession statement of A.1 and it is also an admitted fact that some
accused were released on regular and pre-arrest bails and the
investigation is almost on the verge of completion and as such, this court
is inclined to grant pre arrest bail to the petitioner by duly taking the
apprehensions made by the learned Special Assistant Public Prosecutor
into consideration with the following conditions:
(i) The petitioner shall be released on bail in case of her arrest in
Crime No.112 of 2022 of Badvel (U/G) Police Station, YSR Kadapa District
on her executing a self bond for Rs.50,000/- (Rupees fifty thousand only)
with two sureties for a like sum each to the satisfaction of Badvel (U/G)
Police Station, YSR Kadapa District; and
(ii) On release, the petitioner shall appear before the Badvel (U/G)
Police Station, YSR Kadapa District, once in a week i.e., on every Sunday
between 10.00 a.m., and 12.00 noon till filing of the charge sheet; and
(iii) The petitioner shall cooperate with investigation and trial and
shall appear before the investigating officer, as and when her presence is
required and she shall not influence the witnesses or tamper with
evidence.
Further, the petitioner shall scrupulously comply with the above
conditions and in case of infraction of the same, the prosecution is at
liberty to move appropriate application for cancellation of bail.
Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.
________________________
JUSTICE RAVI CHEEMALAPATI
11th August, 2022
Rmn
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
ALLOWED
CRIMINAL PETITION No.5638 OF 2022
Date: 11.08.2022
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Rmn
