Andhra Pradesh High Court - Amravati
Sagali Vijay Kumar vs The State Of Andhra Pradesh on 4 April, 2024
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT.
THURSDAY THE FOURTH DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR
:-PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION NO: 2135 OF 2024
Setween:
1. Sagal Vilay Kumar, , S/o. Chinnappa, Aged about 45 years, Qee
Agnculture, Rio. H. No. S/f7, Gin Nagar, Porumamilla Mandal,
Rangasamudram Village, YSR Kadana District, Andhra Pradesh. {At}
cagail Swarnalatha, W/o. Vijay Kumar, Aged about 40 years, Oee
Housewife, Ryo. Ho No. w??, Gir Nagar, Porumamilia Mandal,
Rangasamudram Village, ¥YSR Kadapa District, Andhra Pradesh. {A2)}
3. Eri Gurramma @ Theresamma, , Wio. E. Ramaiaha @ Siddaiah, Aged
aboul 77 years. Geo Housewife, Rio. H. Ne. "fF, Gin) Nagar,
Forumamilla Mandal, Rangasamucram Vilage, YSR Kadapa District.
Andhra Pradesh. (43)
Ny
. Patitioners/Accused No.1 to 3
AND
The State of Andhra Pradesh. Through Porumarniila Police Station,
Rep.by #s Public Prosecutor, High Court for the State of Andhra
Pradesh, Armaravathi,
..Respondent/Complainant
Petition under Section 438 of CrP.G, praying that in the clroumstances Stated in the memorandum of grounds filled in support of the Criminal Patition, the High Court may be pleased iG eniarge the petitioner on ball in the avent of their arrest in connection with FIR No. 41/2024 on the fle of Porurnamilia Police Station, YSR Sadana (istrict The Petition caring on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the argumenis of SRI CH VENKAT RAMAN Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respandent, the Court made the following HON BLE SRI JUSTICE T.MALLIKARJUNA RAO Criminal Petition Na SiSS of 2624 "Ths Criminal Petition, under Se Procedure, 1973, is fled on behalf of the petitioners/Al to A8 herein to grant anticipatory ball in connection with Crime Noatl of 2024 af Porurmamilla Palice Station, YSR Kadana District
2. A case has been registered against the petitioners herein for the a offence punishable under Sections 416, 466, 467, 471 rw 34 of Ub
3. Brief facts of the case ar 5 > {hat the crime was registered against the petitioners/Al to AG under Aadhar Act, 2016 for provicing false demographic or blometric information at the time of enrollment, cannected sechons under cheating, mischief, forgery, creating documents and arnpered NOC and Profession and Trade Licence Certificate infraudulent manner with malafice Intension for robbing the Jand acquisition amount and grab the valuable lands. & Learned counsel for the pehtioners contends that based on the proceedings of the Revenue Divisional Officer, Badvel, dated 30.01. 2024 the 'submits that the setitioners have not oo.
nip Ay ws pane ony oe a og FIR came to be registere committed any offence alleged against them and a false case has been registered and as such, he requested this Court to enlarge the petitioners o anticipatory bail.
were?
Se On the other hand, bearned Assistant Public Prosecutor appearing for the State vehemently opposed the application contending that investigation iS at crucial stage. He prays to "omssine be ball pation. & In view of the submission made, 1 have carefully gone througn the contents of FIR, where there is a Proceedings af the Revenu dated 30.01.2024, wherein the subject matter is shown to be orders Issued for filing criminal case against Al to AR. Basis for the registration of crime is the observations made by the RDO while deciding claim for compensation for National Highways. In the said Order, the ROO has directed the Tahsidar to Ale a criminal case against Al to A3 under Aadhaar Act for providing false demographic or biometric information at the time of enroflement. He also observed that the land in question is purely paita land. Aggrieved by the said Orders passed by the RDO, the 3° petitioner/A3 filed W.P.No.5059 of 2024 on the file of this Court. While disposing of the writ p petition the Order dated 13.03.2024, this Court.aaweis-set aside the impugned Order dated 30.01. 2024 and remanded back to the RDO for passing approph iate orders by virtue of provisions of under section 3H(4) of National Highways Act, £956. As seen fom the Orders passed by this Court, this Court is of the view that the directions given by the RDO in the proceedings dated 30.01.2028 regarding filing of criminal case is cleemed to be set aside, as already observer! in the oroceadings, the crime was registered against the petitioners based on the SSAA AAA A AA NAA As AAW"
"A tne observations made by the RDC vide Proceedings of the Revenue Divisiana! ficer, Badve!l Ref: POIs. £/S68/2083, dated 30.01.2082 #. In the'said facts of Che case, as the mather js pending for acluclication for passing appropriate Orders by virtue of provisians of under section 3H(4) of National Highways Act 1955, at this stage if cannot be arimaface held that "
the petitioners fa cts of the case, this Court us rged Aadhar cards. In the said fa is of the view that the petitioners have made out a case for grant of x ~ s . on
8. In view of the above facts and circumstances, this Court is inclined te grant anticipatory ball to the petitioners/A.d to A.Q with the following conditions.
©The petitic ars/A.t to ACS are directed to surrender before the Station House Officer, Porumamniila Pallce Station, YSR Kadaga Districh within two weeks from the cate of receiot of orders and the petifioners/A.l to AS shall be released an their furnishing personal bond for Bs.ZO,.000/- (Rupees Twenty Thousand only) each with Bva sureties for the like sum each ta the satisfaction of Station House Officer, Porurnamilla Police Station, YSR Kadana District.
, The pettioners/A1 to AQ shall not, directly or indirectly, parse make any inducernent, threat or gromise to any person acquainted with the facts af the case so as to dissuade tham from disclosing such facts to the Court ar to any Investigating or Police Officer and shall co-operate with the Investiqatin officer.
verte ALLELE S. Bo Accordingly, the Criminal Petition is affewee! To,
1. The Judicial i Magistrate of | Class, Badvel,
2. Pending miscellaneous ie Station House UNstrict One mC fo SRI.
Two OCs ta PUBLIC POUT) One spare Copy S apmications, if any, shall stand closed. TRUE COPY SEcr.
For Avorn... HON OFEYS Be YSR Kadans (Nstrict Officer, Porumamilla Police Station, YSR Kadapa 1 VENKAT RAMAN Advacate | fPORUCT Cc PROSECUTOR. High Court of Andh ra Pradesh HIGH COURT TMR,J DATED: 04/04/2024 ANTICIPATORY Bal. ORDER CRLP.No.24138 of 2024 ALLOWED SSE ge KE oo FESS res APR SS 3 ee ~ RR an Weert See "