Bapathi Narasamma v. The State Of Andhra Pradesh

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.9982 of 2017 ORDER:

Heard learned counsel for the petitioners/A.2 and A.20 and learned Additional Public Prosecutor for the respondent State, and perused the record.

This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners/A.2 and A.20 in Crime No.68 of 2016 of Konakanamitla Police Station, Prakasam District, for the offences punishable under Sections 467, 468, 471 and 420 IPC.

Learned counsel for the petitioners/A.2 and A.20 would submit that allegations against the petitioners/A.2 and A.20 are absolutely false. However, the petitioner-A.2 had paid back the money. The petitioners are aged persons. Moreover, they are women and ultimately, prayed to grant bail to the petitioners/A.2 and A.20 under Section 438 Cr.P.C.

The learned Additional Public Prosecutor would submit that the petitioners have fabricated pattadar pass books and executed number of documents to obtain the loan. Therefore, it is not a fit case to grant bail to the petitioners/A.2 and A.20 under Section 438 Cr.P.C.

It is evident from the material on record that the petitioners obtained loan from the Union Bank, Munagapadu branch, by creating fake documents including pattadar pass books. There is also material to show about this cheating and fraudulently withdrawing the money from the bank. In view of gravity of offence, merely making the payment by the petitioner-A.2 cannot be a ground to grant bail to her under Section 438 Cr.P.C. The petitioners being women is also not a ground to consider this kind of application.

This Criminal Petition is devoid of merit and the same is liable to be dismissed.

In the result, the Criminal Petition is dismissed. ____________________________ Dr. SHAMEEM AKTHER, J 3rd NOVEMBER, 2017.

kvni