Andhra Pradesh High Court - Amravati
Mannem Priyanka vs The State Of Andhra Pradesh on 1 July, 2022
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION NO. 4367 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed by the petitioner/A17 for grant of anticipatory bail in the event of his arrest in connection with Crime No.112 of 2022 of Badvel (U/G) Police Station, YSR Kadapa District, registered for the offences punishable under Sections 120(B), 420, 466, 467, 468, 471, 471- A, 472, 474 and 475 read with 34 of the Indian Penal Code, 1860.
2. The case of the prosecution 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-Collector, 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 A1. On the next day A1 was called to Tahsildar 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 petitioner is arrayed as A17. 2
3. Heard Sri R.Venkatesh, learned counsel representing Sri Jada Sravan Kumar, 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 submits that petitioner being a lady is falsely implicated in the crime. He submits that in fact petitioner filed W.P.No.65 of 2022 on the file of this Court and this Court 06.01.2022 ordered status quo. He submits that after passing of status quo order, Tahsildar lodged the above complaint and basing on the complaint, the present crime is registered. He submits that petitioner is nothing to do with the alleged offence and she was falsely implicated in the crime. He submits that petitioner being a lady will cooperate with investigation. Hence, he prays to grant bail to the petitioner.
5. Learned Special Assistant Public Prosecutor submits that the petitioner along with other accused created a number of fake pattas. He submits that basing on said pattas writ petitions were filed and in fact learned Government Pleader brought to the notice of this Court with regard to fake pattas. He further submits that A3, A6, A12, A13, A16 and A18 were arrested and investigation is at nascent stage. Thus, he prays to dismiss the petition.
6. I have given my anxious consideration to the submissions made on either side and perused the record.
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7. Basing on the complaint lodged by Tahsildar, Police registered the above crime. The allegation made against the petitioner is that she used to sign on the DKT pattas as if they are signed by the officers. A perusal of the material papers filed along with this petition discloses that in W.P.No.9 of 2022 filed by A3, father of the petitioner, his address is shown as „R/o 11-99, Project colony-2, Bethayapalli Panchayathi, Gopavaram Mandalam, Kadapa, A.P. - 516233‟ and A3 was granted patta vide DKT No.58/1419 in respect of land to an extent of Ac.0-45 cents situated in survey No.611/2, Goapavaram Mandalam, Kadapa District. W.P.Nos.40 and 65 of 2022 were filed by petitioner‟s brother and the petitioner respectively, wherein the same residential address is shown in the cause title. Petitioner‟s brother was assigned patta and he was assigned land to an extent of Ac.1- 61 cents situated in survey No.611/3 of Gopavaram Mandal, Kadapa District and passbook was also issued in his favour. Further according to the petitioner as stated in W.P.No.65 of 2022, she was assigned Ac.1-50 cents in survey No.611/3 and she was also issued passbook. The address of the petitioner, her father and brother is one and the same. It appears that they are living in shared house. Therefore, assigning DKT pattas to three persons in the same house prima facie creates doubt in the mind of this Court.
8. In view of the above and as specific allegations are made against the petitioner and as investigation is at nascent stage, this is not a fit case for grant of pre-arrest bail. 4
9. Accordingly, this Criminal Petition is dismissed.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering the regular bail in the above crime and shall not have any bearing in any other proceedings.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________________________ JUSTICE SUBBA REDDY SATTI Date :01.07.2022 IKN 5 HON'BLE SRI JUSTICE SUBBA REDDY SATTI Dismissed CRIMINAL PETITION No.4367 OF 2022 01.07.2022 IKN