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Judgment
These three Criminal Petitions are heard together and are being disposed of by this Common order, as the Petitioners in the three petitions are different, but the crime registered against them is one and the same.
The Criminal Petition Nos.7533, 7535 and 7537 have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused for granting of pre-arrest bail in connection with Crime No.55 of 2020 of Veeravasaram Police Station, West Godavari, was registered for the alleged offences punishable under Sections 120b, 420, 467 and 468 and 471 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’).
Mr.Ginjupalli Subba Rao, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petitions.
Per contra, A. Sai Rohit, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on anticipatory bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petitions.
Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.
On a perusal of the record, a Coordinate Bench of this Court, by orders dated 02.12.2024 and 12.02.2025 in Crl.P.No.7741 of 2024 and Crl.P.No.908 of 2025 respectively, granted pre-arrest bail to Accused No.1 and his wife. The Petitioners claim parity with the said accused and contend that they stand on a similar footing. The Petitioners are agriculturists, having fixed abodes, and are permanent residents of West Godavari District. The crime pertains to the year 2020, and for nearly six years no substantial steps appear to have been taken to expedite the investigation. The allegations against the Petitioners are that Accused No.1, along with 49 other persons, obtained loans by producing forged pattadar passbooks, Aadhaar Cards and Voter Identity Cards. Based on a report lodged by the Branch Manager of the State Bank of India, the present crime came to be registered.
Having regard to the facts and circumstances of the case, the gravity and nature of the allegations leveled against the Petitioners/Accused, this Court is inclined to grant pre-arrest bail to the Petitioners/Accused, with some stringent conditions.
In the result, the Criminal Petitions are allowed with the following conditions:
In the event of their arrest, the Petitioners/Accused shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for the like sum each to the satisfaction of the arresting police officials;
The Petitioners/Accused shall make themselves available for investigation as and when required;
The Petitioners/Accused shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the Charge Sheet.
The Petitioners/Accused shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioners/Accused 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/her from disclosing such facts to the Court.
The Petitioners/Accused shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.