Ardhula Seetamahalakshmi v. The State Of A.P
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 1985 of 2018 Between:
1. Ardhula Seetamahalakshmi, W/o. Radhakrishna
2. Danaboina Samrajyam, W/o. Brahmaiah
3. Marri Parvathi (but in the FIR the name is wrongly mentioned as Marri Siva Parvathi), W/o. Tirupathaiah Petitioners (Accused 5,6 & 7 in Cr.No.123/2017 of Mangalagiri Town P.S., Guntur Urban Dist) AND The State of Andhra Pradesh, through Station House officer, Mangalagiri Town Police Station, Guntur Urban, Guntur District, rep. by its Public Prosecutor, High Court at Hyderabad.
Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed therein, the High Court may be pleased to direct the respondent to release the petitioners on bail in the event of their arrest in Cr.No. 123 of 2017 on the file of the Mangalagiri Town Police Station, Guntur Urban District in the interest of justice. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri P.Nagendra Reddy, Advocate for the Petitioners and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This petition is filed, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), seeking for grant of anticipatory bail to the petitioners-accused Nos. 5 to 7 in crime No. 123 of 2016 of Mangalagiri Town Police Station, Guntur Urban District.
2.
Heard learned counsel for the petitioners and learned Public Prosecutor (A.P.).
3.
The case of the prosecution is that accused No. 1 sold land to the de facto complainant, by suppressing the earlier civil dispute, which is pending in respect of the said land. Learned counsel for the petitioners contends that in fact, the petitioners are original owners and they executed general power of attorney cum sale in favour of accused No. 2 and accused No. 2 sold the land to accused No. 1 and accused No. 1, in turn, sold the same to the de facto complainant, without informing about the earlier suit. Learned counsel for the petitioners submits that in the earlier suit filed by a third party purchaser, for specific performance, the petitioners remained ex parte and after coming to know about the same, they filed petition to set aside the ex parte decree.
Learned counsel further submits that in fact, the petitioners informed accused No. 2 about the said dispute and suppression, if any, is only done by accused No. 2. Learned counsel relies on the plaint copy in O.S.No. 555 of 2014 filed by accused No. 2 against the petitioners seeking for declaration in respect of the disputed land. 4.
Hence, in view of the above, this Court opines that these petitioners are, prima facie, innocent and that justice requires that, anticipatory bail need to be given to them. The petitioners are directed to surrender before the Station House Officer, Mangalagiri Town Police Station, Guntur Urban District, within 15 days from the date of this order and on such surrender, the petitioners shall be released on bail on their executing each a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioners shall abide by the conditions mentioned under Section 438(2) Cr.P.C. as under:
..2..
(i) The petitioners shall make themselves available for interrogation by a police officer as and when required. (ii) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) The petitioners shall not leave India without the previous permission of the Court.
5.
The criminal petition is accordingly allowed. Pending miscellaneous petitions if any shall stand closed in consequence." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The II Additional District & Sessions Judge, Guntur District at Guntur.
2. The SHO, Mangalagiri Town Police Station, Guntur Urban, Guntur District.
3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
4. One CC to Sri P.Nagendra Reddy, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 27-02-2018
ORDER
CRL.P.NO. 1985 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 01-03-2018 HIGH COURT TRJ DATED: 27-02-2018
ORDER
CRL.P.NO. 1985 OF 2018 ANTICIPATORY BAIL