Andhra Pradesh High Court - Amravati
Chikkala Vijaya Saradhi, vs State Of A.P., on 31 August, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIL.- MONDAY, THE THIRTY FIRST DAY OF AUGUST --~ TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI _ CRIMINAL PETITION NO: 3260 OF 2020 _ Between: Chikkala Vijaya Saradhi, S/o. Chikkala Venkateswarlu. .. Petitioner _ AND . State of A.P., Rep. by its Public Prosecutor, High Court of A-P., Amaravathi, through Station House Officer, P.M.Palem Police Station, Visakhapatnam Visakhapatnam District. ...Respondent ~ Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the Station House Officer, P.M.Palem Police Station, Visakhapatnam, Visakhapatnam District to release the petitioner in the event of his arrest in connection with Crime No. 702/2020 on the file of P.M.Palem Police Station, Visakhapatnam, Visakhapatnam District -~ The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri L J Veera Reddy Advocate for the Petitioners and of Public Prosecutor for the Respondent and the Court made the following. -~ ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 3260 OF 2020 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 702 of 2020 dated 31.07.2020 of P.M. Palem Police Station, Visakhapatnam City, registered for the offences punishable under Sections 420, 467, 468 and 471 of LP.C.
2. The case of prosecution is that complaint was filed by the Tahsildar, Visakhapatnam Rural stating that he has received several complaints from the public in Vikalangula Colony, Madhurawada Village with an allegation that patta Nos.VZG1001- 5-106412 and VZG1001-5-106413 were issued to Mallela Vijay Kumar and Ganta Laxmana Rao to an extent of 89.01 square yards each in survey No.388 of Madhurawada village vide G.O.Ms.No.388/2017. On the direction of Tahsildar the Village Revenue Officer and Mandal Revenue Inspector enquired into the matter and submitted report stating that said lands are covered by two ACC sheet sheds and no persons are residing in the subject shed. Mallela Vijaya Kumar and Ganta Laxmana Rao purchased the subject houses from Srinadha Nageswara Rao in the year 2013 and were destroyed during 'Hud Hud toofan' and after two years in the year 2015 they have constructed new sheds in the subject land. Inspite of their best efforts, the officials could not find anything with regard to the approvals of said pattas. The Tahsildar submits that thousands of applications were received for regularization under G.O.Ms.Nos.296 and 388 and distribution of € *. _ 2 pattas were scheduled in a short span and no additional teams were deployed for enquiry of huge number of applications. As per the instructions enquiry was made and the field staff recommended the applications basing on the documents available with the applicant only as the data base access was provided to the enquiry officers to verify the veracity of the documents with department records. Hence, the Tahsildar requested to take action against Mallela Vijaya Kumar and Ganta Laxmana Rao for obtaining the pattas fraudulently by misleading the officials and concealing the facts against the provisions 'specified under G.O.Ms.388/Revenue (Assgn.I) Department dated 24.08.2017. Basing on the said complaint the present crime was registered.
3. Heard Sri L.J.Veera Reddy, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.
4, Learned counsel for the petitioner submits that there are no allegations against the petitioner in the entire complaint but however in the remand report the petitioner's name was mentioned at one place where it reads thus:
"He came to know Tammineni Ramana is providing Government house sites. On that he requested his owner Vijay Babu to provide any house site through Tammineni Ramana. His owner Vijay Babu requested Tammineni Ramana to provide the house sites to him and one Ganta Laxmana Rao at Vikalangula colony."
5. Learned counsel further submits that though the petitioner has nothing to do with this and there are no allegations made against the petitioner, the brother-in-law of the petitioner is being called to the Police Station frequently and are enquiring about the To, PR ON whereabouts of the petitioner. He further submits that there is apprehension of threat of arrest. Hence, the present application is filed.
6. Learned Public Prosecutor submits that as the petitioner is not arrayed as accused and as there are no allegations against him in the complaint, this application cannot be entertained and he opposes the bail application. However, though the petitioner's name was not there, when there is apprehension of arrest with regard to the other circumstances as stated above the petitioner can as well maintain this bail application.
7. Having regard to the facts of the case as there are no specific overt acts against the petitioner, this Court feels that this isa fit case for granting anticipatory bail.
8. Accordingly, this Criminal Petition is allowed. The petitioner shall be released on bail in the event of his arrest in connection with Crime No. 702 of 2020 dated 31.07.2020 of P.M. Palem Police Station, Visakhapatnam City on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, P.M.Palem Police Station, Visakhapatnam, Visakhapatnam District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Visakhapatnam District One CC to Sri. L J Veera Reddy Advocate [OPUC]"~ Two CC's to Public Prosecutor , High Court of AP, Amaravati[OUT] _.-- One spare copy .-~ (-
Sd/- M. RAMESH BABU ASSISTANT REGISTRAR IITRUE COPY// hel"
For ASSISTANT REGISTRAR The Station House Officer, P.M.Palem Police Station, Visakhapatnam, __ da ee 'Sx, HIGH COURT LKJ DATED:31/08/2020 ORDER CRLP.No.3260 of 2020 DIRECTION , LE GE ANOS U.S Qe OME CELA,