Andhra Pradesh High Court - Amravati
Ambati Peren Devi vs The State Of Andhra Pradesh, on 19 January, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.155 OF 2022
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A1 to A4 in the event of their arrest in connection with Crime No.585 of 2016 of Proddatur Rural Police Station, Kadapa District, registered for the offences punishable under Sections 120(b), 420 and 506 of the Indian Penal Code, 1860.
2. The brief facts of the case are that basing on a private complaint lodged before learned II Additional Judicial Magistrate of First Class, which is forwarded to the respondent-Police, the present crime is registered in which petitioners are arrayed as A1 to A4.
3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners has submitted that the allegations made in the complaint clearly establish that the dispute is of civil in nature and even if it is assumed that the husband of A1 and her husband executed GPA-cum-sale in favour of complainant's father, the remedy available to the complainant is to approach competent civil Court for establishing his rights, but not by setting criminal law into motion. He submits that there are 2 no specific allegations against the petitioners, as such their case may be considered for grant of pre-arrest bail.
5. Learned Assistant Public Prosecutor submits that there are specific allegations against the petitioners that after the death of the complainant's father and one of the executants, the petitioners have created another GPA so as to avoid selling of the property to the complainant and thereby they intentionally cheated the complainant. He submits that investigation is pending, as such petitioners are not entitled for bail.
6. A perusal of the allegations made in the complaint reveals that the father of the complainant has obtained GPA -cum- sale from A1 and her husband, Ambati Satyanarayana in respect of property to an extent of Ac.3-51 cents situated in Sy.Nos.159 and 173 and after the death of the husband of A1 who is one of the executants of GPA -cum-sale, A1 to A3 approached the complainant and demanded additional amount, but as the complainant refused to pay the additional amount, A1 to A3 approached A4 and all the accused in collusion with each other have created a sham and nominal GPA on 10.08.2021. It prima facie appears that the dispute is of civil nature. Therefore, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
7. Accordingly, this Criminal Petition is allowed. The petitioners/A1 to A4 shall be released on bail in the event of their 3 arrest in connection with Crime No. 585 of 2016 of Proddatur Rural Police Station, Kadapa District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, Proddatur Rural Police Station, Kadapa District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date :19.01.2022 IKN 4 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.155 of 2022 19.01.2022 IKN