Andhra Pradesh High Court - Amravati
Vemuri Anjaneyulu vs The State Of Andhra Pradesh on 18 October, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
TUESDAY, THE EIGHTEENTH DAY OF OCTOBER |
TWO THOUSAND AND TWENTY TWO
PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION NO: 8009 OF 2022
Behveen: 7
1. Vernuri Anianeyulu, Sfo.Sn Vo Venkata Ramayya, Ager 53 years, Oce: Clerk,
Rio, Doar Na tis-58, APHS Colony, Rusihum Bada, Narsapuram West
Godavan District - 534 27, AP
2. Sajja Veera Venkata Satyanarayana, S/o.Sri S.Veeranna, Hindu, aged 70
years, Occ: Oimecfor, Rio.Doaor No 230, Darbharavu Vemuladecvyi,
WEG District, AP
3. Kotla Sai Venkata Raju, Sfo SK Venkata Ranga Rao, Mindy, aged Ss years
Sec: Managing Director, Rio Door No/A-1S-184, Palanki Manikyant Strest, §
Ward Nersanuram, Wn G District, AP
4. Tadimeti Venkala Ramana @ Ramaniah, S/o. T Subrahmanyam, Hindu, aged
§ years, Goce Diractor, Rin Didier. Nod {3.42 Deval Thota Strest, Baside
A.
JSikda Schoal, Narsapuran Town: AAR Distriet, AP
§ M.Sridhar Chowdary, Sfo.Sr NM. Satyangrayana, Hindu, aged S06 years Occ:
Girectar, BY¥o. Door.Noi-58 Main Road, Oharbersvu, Veriadaeys
iS. District, Andhra Prades} 45 $3 a 275
Petitioners
The State of Andhra Pradesh, Stellen House Offeer, CID Pollce Station,
Arnaravathi, Mangalagic, Guntur Disth ict, Rap. Sy SRL Public preseculor, High
Coun, Amaravath
ow Respondent
Petition under Section 438 of OPC, praying that in the circumstances stated
iy the memorandum of grounde fled ff supper' of the Criminal Petifien, the High
Gur may be pleased to release the petitioners on hall in the event of their arrest in
FIR No. SoOg2 dt.20-08- 2022 on the Me of the Station House Officer Cid Pollns
Station, Amaravathi, Mangelegii, Guntur Disiriet, AP.
The petiion caming on for hearing, upen perusing the Criminal Petition sac
the rmemorandum of grounds Sled in Supper thereat and upan hearing the
arguments of Sr fk. oh vdembaram learned Senior Counsel for Si GO. Yaawanth,
Adveeste for the Petitioners, and of Sri Soora Venkata Sainath, Special Agsistant
Publis Prosecuicar for the Ree spandant-State, the Court macs the folowing:
pees
ORDER
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATY CRIMINAL PETITION NO.S008 OF 2026 QRDOER:~ This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973 (far short "Cr.P.C."}, Is Aled by the 4 setitioners, seeking to grant pre-arrest ball in Crime No So of 3022 of CID Police Station, A.P., Amaravathi, Mangalagt¢, registered for the offence punishable under Sections 420, 403 the prosecution, in brief, Is that the Board members of 'The Narsapur Agriculture Company Narsapur' have collected huge amount of money fram innocent farmers against to the orders Issued in G.O.Ms.No.o2 Revenue Assign CY Department dated 24.01.2019 vide Roc. NoS57a/e018 (4) dated 26.08.2020 of the Sub Collecter,
3. Heard Sri K.Chidambaram, learned Senior Counsel for Sri G. Yaswanth, learned counsel! for the petitioners and Sri Soors Yenkata Sainath, isarned Special Assistant Public Prosecutor S ¢ the respondent-State, 4, Leamed senior counsel for the petitioners, in elshoration fo what has Geen stated in the graunds, contended that the Sritish Government has assianed fQwa thousand acres of agricultural land to "The Narsapur Agricultural C Company Limited"
vide G.O.Ms.No. 1673 dated 23.07.1921 and the said company nas leased out the land for a perigd of 99 years fo the farmers to meet the food requirement as per the wishes of the British Government, [tis further contended that after the completion of Rhy & ¢ ae "a whe te S ay ge = the iease period, the farme ms 7 a bed oy Nave been requesting the Company to alienate the said land in their favour, Accordingly, the company requested the Government to examine the issue and grant permission to transfer the ownership rights to the farmers. It is further contended that pursuant to the co mpany's request, the Government issued G.C.Ms.No.52, Revenue (Assgn.ID}) department dated 24.01.2019 which Is placed on record for resumption of the [and allotted In favour of the company and te alienate the same in favour of the farmers who are if present possession and enjoyment on payment of Rs. 1O00/- per secre. Learned senior counsel for the petitioners has drawn the attention of this Court te paragraph Nos.8 and 9 of {he said GO, ft is further contended that the Government has resumed the lanthand the sroceedings was issued by the Sub ¥ Collector on OF.02.2019 which is olacecl on record. Learned senior counsel for the petitioners cantended that basing on the Tahstidar report, the present crime was registered and there is no complaint as such from any of the farmers in that regard. & is further contended that on a plain reading of the camplaint, no ingredients attracting Section 409 of IRC against the petitioners are found and purposefully Section 409 is added ta evade issuance of Section 41-A Cr.P.C, notice. It Is further contended that the petitioners were falsely implicated in the present crime and they were apprehending arrest in the hands of the police and in the event the petitioners are arrested, the petiioners' reputation in the family circle and in the society wil be affected. The learned counsel further submitted that the petitioners are ready and willing to abide by any candions imposed by this Court and as such prayed to consider their ball applicatic
8. Orn the ofher hand learned Soecial Assistant Public Prosecutor for CHO submits that some farmers have already Sean examined and they Rave categorically stated that the petitioners collectecd money frarm the farmers. It is further submitted that except the petitioner Nos.i and 2, the other petitioners are not shown as accused In the present crime. She further contended that if the petitioners are granted anticinstory .S 4 al ay % % 5 N He re § Fas of the $ For dismiss they may hamper th g Favau t does nat find any rate ia ; 3 ad ies Mb af, 53 uy fo gr the AS £4 _ eon eo tm pod 3 4% det os ee torbe % oe 'es 3 :
CS the FIR, the asorehensi ary action in the sald issue and 54 seonee Uy bn ae "Ca % Mt Some on Sood shod BY - gn 3 63 Aer ; oo EE fy bone. a be one a Sone €b Po Fant Z Ad he Aneee.
is a nine cy heed , * hed te. ee oc ¢c o *% & & B3 og Sod 4 we novos £3 as a7 B45 fed ee os a é hs sete te ey ccd a a3 o wy el, 6 ef: how gen eee ¢ gee o ie . ee 7% "nat ah ai eo ag Oo Geo oe pd a cs ae es £2 Bon, 4 ge Bows on " and Ba voas C3 iy y co dl ie re "$5, ao 5 pret ae. ee 3 chook yy a ad 5 a i hove pases nod oo rs) 3 % oe 1 pees % on dows 6 i & wo nee 'sf Se & A we as ie oy nove a g how et x ae we mS we ae o seat ie em we oe us & wy 0 oe ¢ ' ee " oS oe oa Oe 6 Bw 2 © 6 E& & aed ° i 5 3. iy oy a ey ye ram o om 4 Sei BA 4 ui poo ee a) a Sad ded Eo ft " aed ey at it a Ae he 5s 3 on Be Shoes Paces " [ey 4 Ann "4 yw re ey ay be. pen " Sora Boot as ee co ae ae es Ha LA Berd me pon ifs es vd wt ere "a fn eed . oce Ae ry oo, a: ies ay * 183 ee ae fon m3 'how tA ae S by eererers ¥.
33 3 arg
-, rom the ~ HY :
above 2 xe 5 ane, $. ~ Aas Were ?
cated gF statec many | g "% action of ary arount at the cevy s tr < x EON tas ONE sor shaw vos ont oS on} ft an the A the submissions of Both the learned counsesd, as subbritted by the learned Special Assistant Public Prosecutor, same of the farmers have already been examined, this Court is inclined fo grant pre-arrest ball te the petitioners, however by faking the agorehensian of the learned Special Assistant Public Prosecutor into consideration an the following conditions:
G) The petitioners shall be released on ball in the event of their arrest in Crime No.59 of 20288 of CID Palice Station, AP.
Armaravathi, Mangalagini, Guntur District, on their executing self bond for Rs.50,000/- (Rupees fifty thousand only} each with two sureties each for @ fike sum each to the satisfaction of the Station House Officer, CIOQ Police Station, A.P., Amaravathi, Mangalagiri, Guntur District; th) The petitioners shall appear before the Investigation officer, amog in @ week Le. on every Sunday between 10.00 and 13.00 noon, Hi filing of the charge sheet; fii} Apart from that they shall make themselves available to the investigating officer whenever required by therm to faciitate proper imvestigation in this case. {iv} The petitioners shall nat direc dy or indirectly contact ary witnesses under any circumstances In this regard and any such attempt shall be construed as an attempt of Influencing the CANAAN geen peel, tee nt #% a L%%, Sod * all not tamper thie operate with the investqation. Further, the oetitioners secuthyy is at iberty fo move eliation of bal Tr is made clear that f frat or restrict or ar wot 4G ~y ney fram furths order be ee we bee) fs oy a, = : Y ae = shal not have aNy Peary ip ariy ¢ "tt Accordingly, the Cri ITRUE.COPYH Me firs _ Offi Ths Stato an House est gating Sun B isiric to On 2 oC Re SH ; Soors Nigh Court of Andhra Pradesh mio Cine eo to Sri YL. Siva Kaipa . Stand PQPUG) One spare copy shall scrupul eameitions and in case of infraction of the appropriate applic ses ot, or the aw and the findings in Foogin y the above crime and evidence and shall co- cornply with the the aa a Ta) a PEE t ation for im amy manner, imvestigating lom only for the War Groceecngs.
8 allo wed, Sdi-« K. SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER For ASSISTANT REGISTRAR e Station *y A...
HIGH COURT RC, DATED STEN 2028 SAIL ORDER CROP No.8009 of 2022 ALLGSVED