Vemula Rajyalakshmi v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.13359 of 2016 ORDER :

The petitioner, who is A3, in Crime No.402 of 2015 of Nallapadu Police Station, Guntur Urban District, filed the present application under Section 438 Cr.P.C. seeking release in the event of her arrest in the above crime registered for the offences punishable under Sections 419, 420, 468, 471 and Section 506 read with Section 34 of IPC. The case of the prosecution is that the marriage of A1 with the informant was performed on 25.06.1994. Subsequently, the father of the informant purchased a property situated at D.No.4-54 and 4-55/ 3D/ 3 at Naidupet, admeasuring Ac.0.05 cents from one Yedla Srinivasa Rao and registered the same in the name of the informant vide document No.626/ 1985.

It is alleged that thereafter disputes arose between the informant and A1 and as such divorce was obtained and she got re-married with one Arege Srinivasa Rao. It is stated that A1 without returning the original documents to the informant executed a sale deed in favour of A3/ petitioner with impersonation by A2 and got the same registered in Nallapadu Registrar office. On questioning the same, the accused are alleged to have threatened her. Basing on these allegations, the above crime came to be registered.

Learned counsel for the petitioner mainly submits that even accepting the allegations in the report to be true, no offence is made

out against the petitioner and as the allegations are trivial in nature, seeks bail.

Learned public prosecutor opposed the application contending that the document contained the name of the petitioner and hence she is not entitled for any relief.

Having regard to the above and since the allegations against the petitioner are grave in nature, her request is rejected. But, however, since the petitioner is lady, she shall surrender before the concerned Court and move an application for grant of bail after giving prior notice to the Public Prosecutor, in which event the same shall be considered on the same day, or at the earliest, in accordance with law.

Accordingly, the Criminal Petition is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 16.09.2016 vhb