V.A. Jagadeesh vs The State Of Andhra Pradesh
2022 Latest Caselaw 4419 AP

       THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

              CRIMINAL PETITION No.4999 OF 2022

ORDER:-

      This petition is filed under Section 438 of the Code of

Criminal Procedure, 1973, to enlarge the petitioner on bail in the

event of his arrest.

2.    The petitioner is A-6 in Crime No.14 of 2022 of CID Police

Station,   Andhra      Pradesh   at   Amaravathi,   Mangalagiri,   Guntur

District. A case under Sections 420, 467, 468, 471 read with 120-B

of Indian Penal Code was registered against the petitioner and

others in the above crime.

3.    Briefly stated, it is the case of the prosecution that the

residential plot of the mother of the complainant in Survey No.23 of

Tirupati Municipal Area admeasuring an area of 4,496 square feet in

Varadaraju Nagar adjacent to Chaitanya School in Tirupati Town,

Chittoor District was affixed with a flexi board displaying the names

of P.Hemalatha and her husband P.Ramesh Naidu stating that a suit

vide O.S.No.687 of 2021 on the file of the Principal Junior Civil

Judge, Tirupati was filed as such any transactions are taken up,

they are invalid. On knowing the same, she made enquiry and

came to know that the said plot was illegally registered under

Doc.No.7086/07, dated 29.09.2007 through General Power of

Attorney and that all the accused conspired together to grab her

land and thereby given for lease to Chaitanya School. As such, de

facto complainant lodged the report and thereby, the police

registered the case.

4.    Heard Sri D.Purna Chandra Reddy, learned counsel for the

petitioner and learned Special Assistant Government Pleader for

respondent.

5. Learned counsel for the petitioner would submit that a suit

was filed by the father of the petitioner vide O.S.No.477 of 2007 on

the file of the Principal Senior Civil Judge, Tirupati and the same

was concluded that the sale deed executed by one Mahanth, dated

22.12.1981, is a void document and that they are the encroachers

of the subject property and the appeal in the said suit vide

A.S.No.17 of 2013 was also declared by its judgment that the

family of the de facto complainant has no valid title and that they

are just encroachers of the property. As such, the ingredients of

complaint does not attract the offences alleged against the

petitioner. Learned counsel for the petitioner further contended that

CID Police at Tirupati are investigating the case and requested this

Court to the permit the petitioner to appear before the CID Police at

Tirupati. Hence, prayed for grant of pre-arrest bail to the petitioner.

6. Learned Special Assistant Public Prosecutor opposed the bail

petition on the ground that investigation is pending.

7. In view of the facts and circumstances of the case, the

submissions made by both the learned counsel and on perusal of

the record, it is clear that the dispute in this case is civil in nature

and duly taking the apprehension made by the learned Special

Assistant Public Prosecutor, this Court is inclined to grant pre-arrest

bail on certain conditions as under:

i) The petitioner/A-6 shall be released on bail in the event of his

arrest in connection with Crime No.14 of 2022 of CID Police Station,

Mangalagiri, Guntur District, on condition of executing a self bond

for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a

likesum each to the satisfaction of the Station House Officer, CID

Police Station, Mangalagiri, Guntur District.

ii) The petitioner shall appear before the Station House

Officer, CID Police Station, RO, Tirupathi twice in a week i.e., on

every Wednesday and Sunday between 9.00 a.m. to 12.00 noon,

till the entire investigation is completed and charge sheet is filed;

iii) The petitioner shall cooperate with the investigation;

iv) The petitioner shall not directly or indirectly contact the

complainant or any other witnesses under any circumstances and

any such attempt shall be construed as an attempt of influencing

the witnesses and shall not tamper the evidence and shall co-

operate with the investigation.

Further, the petitioner shall scrupulously comply with the

above conditions and if there is breach of any of the above

conditions, it will be viewed seriously and it also entails cancellation

of bail and in such case prosecution shall move appropriate

application for such cancellation.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

___________________________ JUSTICE RAVI CHEEMALAPATI

Date : 22.07.2022 SPP

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION No.4999 OF 2022

Date : 22.07.2022 SPP