Andhra Pradesh High Court - Amravati
Gudapati Vijay Kumar vs The State Of Andhra Pradesh, on 20 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.5171 of 2021
ORDER:
This petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioner in connection with Crime No.208 of 2021 of Koduru Police Station, Krishna District, wherein the petitioner is alleged to have committed the offences punishable under Section 420 and 465 of the Indian Penal Code, 1860 (for short "IPC").
2. A report was lodged by the defacto complainant stating that he and his paternal uncle acquired land of an extent of Ac.2.75 cents in R.S.Nos.219/1, 219/2, 219/3 of Mandapaka village from their forefathers. While so, A-1 to A-8 with a dishonest intention made forgery document bearing No.2568 of 2020 dated 03.06.2020 with the help of A-9 and A-10 and illegally got registered the land of complainant to an extent of Ac.1.99 cents. Basing on the said complaint, the present crime was registered.
3. Heard Ms.Thota Suneetha, learned counsel for the petitioner and learned Public Prosecutor for respondent-State.
4. Learned counsel for the petitioner submits that petitioner is unconnected with the alleged offence. She submits that initially complaint was registered under Sections 420 and 465 of IPC and later Section 467 of IPC is added. She submits that when the petitioner went to Sub Registrar Office for registration of his document, he was asked to sign as witness on the document. She submits that in the entire complaint, there are no specific allegations against the petitioner and the petitioner has been 2 falsely implicated in this case. She submits that all the accused, who participated in the crime were already granted bail, as such the petitioner's case may be considered for grant of pre-arrest bail.
5. Per contra, learned Assistant Public Prosecutor submits that the allegation against the petitioner is that he is a witness to the forged document, as such he is not entitled for pre-arrest bail.
6. Taking into consideration the allegations in the complaint, where there are no specific overt acts against the petitioner and it is nobody's case that the petitioner is connected with the alleged offence. Hence, this deems it appropriate to grant pre-arrest bail to the petitioner.
7. In the result, the criminal petition is allowed and the petitioner shall be enlarged on bail in the event of his arrest in connection with Crime No.208 of 2021 of Koduru Police Station, Krishna District, on his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a likesum to the satisfaction of Station House Officer, Koduru Police Station, Krishna District.
As a sequel, all the pending miscellaneous applications shall stand closed.
___________________________ LALITHA KANNEGANTI, J 20th September, 2021 PVD 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (allowed) CRIMINAL PETITION No.5171 of 2021 20th September, 2021 PVD