Dasari Nagabhusanam vs The State Of Andhra Pradesh on 31 March, 2026

    0
    43
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Dasari Nagabhusanam vs The State Of Andhra Pradesh on 31 March, 2026

     APHC010131572026
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI                           [3396]
                               (Special Original Jurisdiction)
    
                    TUESDAY,THE THIRTY FIRST DAY OF MARCH
                        TWO THOUSAND AND TWENTY SIX
    
                                       PRESENT
    
       THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
    
                        CRIMINAL PETITION NO: 2185/2026
    
    Between:
    
       1. DASARI NAGABHUSANAM, S/O. DASARI SATYAM, AGED ABOUT 52
          YEARS. BUSINESS, R/O. PLOT NO.170, HOUSE NO. 5-222/4,
          KRISHNA NAGAR COLONY, MOULALI, RANGAREDDY DISTRICT,
          TELENGANA STATE.
    
       2. MANTRIPRAGADA JAYASRI, (A-3), W/O. M. VENKATARAMANA
          MOORTHY, AGED ABOUT 49 YEARS, R/O. D. NO-3-5-125/7,
          KRISHNA NAGAR,   NFC BUILDING. MEERPET,     MOULALI,
          SECUNDERABAD, TELANGANA STATE.
    
                                                    ...PETITIONER/ACCUSED(S)
    
                                         AND
    
       1. THE STATE OF ANDHRA PRADESH, (S.H.O., Chandragiri,U. P.S.)
          Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at
          Amaravati.
    
                                                ...RESPONDENT/COMPLAINANT
    
           Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
    praying that in the circumstances stated in the Memorandum of Grounds of
    Criminal Petition, the High Courtmay be pleased to direct the Station House
    Officer, Chandragiri UP.S., Tirupati District to enlarge the petitioners/Al & A.3
    on bail in the event of arrest in connection with the Cr. No. 22 of 2026 on the
    file of Chandragiri UP.S., Tirupati District, and pass
    
    Counsel for the Petitioner/accused(S):
                                      2
    
    
      1. K KRANTI CHAITANYA
    
    Counsel for the Respondent/complainant:
    
      1. PUBLIC PROSECUTOR
                                             3
    
    
         THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
    
                         CRIMINAL PETITION NO: 2185/2025
    ORDER :

    The Criminal Petition has been filed under Section 482 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the

    SPONSORED

    Petitioners/Accused Nos.1 and 3, for granting of pre-arrest bail in connection

    with Cr. No. 22 of 2026 on the file of Chandragiri UP.S., Tirupati District,

    registered for the offences punishable under Sections 420, 406, 409, 465,

    467, 468, 471, 120 (b), 506 r/w 34 of Indian Penal Code.

    2. Heard Sri K.Kranti Chaitanya, learned counsel for the petitioners and

    Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the

    State. Learned Assistant Public Prosecutor would submit that notice is served

    on the defacto complainant through police and received instructions to submit

    her arguments.

    3. The case of the prosecution, in brief, is that the complainant, Smt.

    Meena Vijay, being the owner of the disputed land, executed a General Power

    of Attorney in favour of A1. A1, in collusion with A2, manipulated and

    fraudulently registered the document, and later got it validated through illegal

    means despite its earlier rejection. Using the said document, A1 unlawfully

    transferred the land to A3, who subsequently sold it to A4, causing wrongful

    loss to the complainant. The accused acted in conspiracy to cheat the

    complainant, and when she later visited the land, A1 threatened her with dire

    consequences to prevent her from entering the property.
    4

    4. Learned counsel for the petitioners would submit that this is purely a

    civil dispute between the Accused No.1 and the defacto complainant. Learned

    counsel for the petitioners would further submit that the defacto complainant in

    this matter, filed a civil suit in O.S.No.76 of 2019, seeking cancellation of the

    sale deed executed by Accused No.1 in favour of Accused No.2 by virtue of

    registered General Power of Attorney executed by the defacto complainant in

    favour of the Accused No.1. Learned counsel would further submit that the

    petitioner No.1 i.e., Accused No.1, filed counter claim seeking specific

    performance regarding ‘B’ and ‘C’ plaint schedule property against the defacto

    complainant. Learned counsel would further submit that the defacto

    complainant executed registered sale deed in favour of the 3rd parties on

    30.01.2023 pending the civil suit. Accused No.1 got impleaded the 3rd parties

    who purchased the ‘B’ and ‘C’ plaint schedule property in O.S.No.76 of 2019.

    Learned counsel would further submit that even as per the contents of the

    complaint submitted by the defacto complainant in the present case, fresh

    allegation against the accused is that on 29.01.2026 when she has visited the

    schedule property, she received threatening call from the accused No.1.

    Learned counsel for the petitioners would further submit that the defacto

    complainant herein filed an application in the civil suit O.S.No.76 of 2019,

    seeking rejection of the counter claim filed by the accused No.1 in the said

    suit. Learned counsel would further submit that the petitioner No.2/accused

    No.3 herein purchased the property from the accused No.2 under registered

    sale deed. Learned counsel finally prays to allow the petition by imposing any
    5

    conditions since the defacto complainant wanted to colour the transaction

    which is purely civil in nature as a criminal case.

    5. Learned Assistant Public Prosecutor vehemently opposed the petition

    and would submit that the investigation is at nascent stage and as per the

    contents of the complaint, the petitioners herein in collusion with the other

    accused executed registered sale deeds by creating forged documents and

    also threatened the complainant with dire consequences.

    6. Considering the submissions made and a fair look at the material

    placed on record, as rightly contended by the learned counsel for the

    petitioners, this case is emanated from the civil disputes between the Accused

    No.1 and the defacto complainant. The defacto complainant filed a civil suit for

    cancellation of sale deed executed by the accused No.1 in favour of the

    accused No.2. Accused No.1 has filed a counter claim in the very same suit

    seeking specific performance of agreement said to have been executed by the

    defacto complainant. During the pendency of the civil suit, the defacto

    complainant has executed some sale deed against the third parties and they

    are also impleaded in the said suit. The fresh allegation now attributed against

    the petitioners is that when the defacto complainant received a call from some

    unknown number, she has called accused No1 and he threatened her with

    dire consequences. In that view of the matter, this Court is inclined to grant

    anticipatory bail to the petitioners on the following conditions:
    6

    i. The petitioners/Accused Nos.1 and 3, shall appear before the
    concerned Magistrate Court within a period of one (1) week
    from the date of this order and shall furnish personal bonds
    for Rs.20,000/- (Rupees twenty thousand only) each with two
    sureties for a like sum each to the satisfaction of the said
    Court;

    ii. On release, the petitioners/Accused Nos.1 and 3, shall
    appear before the Station House Officer concerned, once in a
    week i.e., on every Saturday, between 10:00 AM and 05:00
    PM, till filing of charge sheet.

    iii. The petitioners/Accused Nos.1 and 3, shall make themselves
    available for investigation as and when required and shall
    cooperate with the Investigating Officer for further
    investigation.

    iv. The petitioners/Accused Nos.1 and 3, shall not cause any
    threat, inducement or promise to the prosecution witnesses;

    v. The petitioners/Accused Nos.1 and 3, shall surrender their
    passports, if any, to the Court concerned. If they claim that
    they do not have passports, they shall submit an affidavit to
    that effect to the Court concerned.

    vi. The petitioners/Accused Nos.1 and 3, shall not leave the
    country, without express permission from the concerned
    Court.

    7. In the event of violation of any of the above conditions, the prosecution

    is at liberty to seek cancellation of bail.

    7

    8. It is also made clear that the observations made in this order are only for

    the purpose of deciding the bail application and they shall not be construed as

    opinion on the merits of the case.

    9. Accordingly, the Criminal Petition is allowed.

    As a sequel thereto, the miscellaneous applications, if any, pending in

    this Criminal Petition shall stand closed.

    ___________________________________
    DR.VENKATA JYOTHIRMAI PRATAPA, J
    Date: 31.03.2026.

    UPS
    8

    35

    THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

    CRIMINAL PETITION NO: 2185/2025

    Dt: 31.03.2026

    UPS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here