Andhra Pradesh High Court - Amravati
Tala Deepak Kumar, vs The State Of Andhra Pradesh, on 7 December, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 6937 OF 2021 Between: Tala Deepak Kumar, S/o. Late Nagabhushanan, aged 45 years, Occ. Founder and President/Author Sri Sri Sri Gurrappa Swamy Ankala Parameswari Devalaya Development Trust, Agaramangalam Village, Veerakanellore Post, G.D.Nellore Mandal, Chittoor District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by Public Prosecutor, Through S.H.O, P.S., Gangadhara Nellore, Chittoor District, High Court at Amaravathi, Guntur District. ....Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No. 1 on anticipatory bail in the event of his arrest in FIR No. 254 /2021, dated 17-10- 2021, on the file of the P.S.Gangadhara Nellore, Chittoor District, Crime registered U/s. 420,467,468,448 r/w 34, 120B IPC, 156 (3) Cr.PC, against the Petitioner/Accused 1. The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Challa Sivasankar, Advocate for the Petitioner, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER
. THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.6937 of 2021 ORDER:
This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory bail to the petitioner/Accused No.1 in connection with Crime No.254 of 2021 of Gangadhara Nellore Police Station, Chittoor District, wherein the petitioner is alleged to have committed the offences punishable under Sections 420, 467, 468, 448 r/w 34, 120(B) of the Indian Penal Code, 1860 (for short "IPC") and Section 156(3) of Cr.P.C.
2. The case of the prosecution is that on 17.10.2021 a report given by the defacto complainant alleging that the accused 1 and 2 have colluded with accused 7 to 9 and created the sale agreement and got filed a suit with a view to grab the property. The accused 1 and 2, 7 to 9 have created the sale deed and Accused 1 and 2 also created the endorsement on the back side of the sale agreement. Accused 8 and 9 also signed as attestors and scribe. The accused 1 and 2, 7 to 9 and 13 have colluded together and got fabricated the sale agreement and got filed the suit with a view to grab the property. Accused 1 to 6 have created the another sale agreement, Accused 10 also helped Accused 1 and 2 and hatched a plan to, grab the same purchased by the complainant by purchasing the stump papers with antedates from the Accused 13. All the Accused 1 to 13 were created forged sale deeds with an intention to cheat the defacto complainant with criminal conspiracy. Hence the above crime was registered.
3. Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
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4. Learned counsel for the petitioner submits that the petitioner has filed a suit in O.S.No. 36 of 2020 on the file of the Court of Additional Senior Civil Judge, Chittoor against one G.K.Mahendra Kumar and another for delivery of possession of the property to the trust. After receipt of the notices in the said suit, the present complaint is filed with bald allegations that the petitioners have forged and fabricated the documents with an intention to grab the property. When the suit is filed and same is pending before the competent civil Court, the genuineness of document can be decided in the said suit. Hence, his case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor submits that the allegations made in the complaint is serious in nature and the petitioners have forged and fabricated the documents with a malafide intention to grab the trust property and hence requested to dismiss the application.
6. Considering the submissions made by the learned counsel for the petitioner; learned Assistant Public Prosecutor for the State and on perusal of the record no doubt civil dispute is pending between the defacto complainant and the accused before the court below and decide the issue with regard to genuineness of the documents in the said suit itself. Hence this Court prima facie satisfied to grant anticipatory bail to the petitioner / accused.
7. In the result, the criminal petition is allowed in the event of arrest of the petitioner / Accused, he shall be enlarged on bail in connection with Crime No.254 of 2021 of Gangadhara Nellore Police Station, Chittoor District, on his executing self bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two To, VD sureties for a likesum each to the satisfaction of the Station House Officer of Gangadhara Nellore Police Station, Chittoor District.
Sd/-T.Madhavi__ ITTRUE COPYI/ ASSISTANT REGISTE ___ SECTION OFWIGER The Ill Additional Judicial First Class Magistrate, Chittoor District. The,Sessio Se Tonite District at Chittoor. The Sehior Civil Judge, Chittoor, Chittoor District. Tha Station House Officer, Gangadhara Nellore Police Station, Chittoor District.
One CC to SRI. CHALLA SIVASANKAR, Advocate [OPUC]
6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
7. One-spare copy BwWN> on ~~ HIGH COURT DRJ DATED:07/12/2021 ORDER CRLP.No.6937 of 2021 ALLOWED