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Judgment
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.3, 5 to 7 for granting of pre-arrest bail in connection with Crime No.173 of 2023 of Rajampet Urban Police Station, YSR Kadapa District, was registered for the alleged offences punishable under Sections 420, 467, 468, 471 and 506 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’).
Mr.K.Venkata Subbaiah, 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. It is further submitted that the Petitioners are the sole earning members of their family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition.
Per contra, Mr.A.Sai Rohith, 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 Petition.
Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, it is seen that the de-facto complainant, in his complaint, alleged that two suits are pending between the petitioners and the de-facto complainant and some of the accused. It is the contention of the de-facto complainant that two promissory notes were allegedly forged by the petitioners/accused. The two suits, in O.S.Nos.73 and 74 of 2018, on the file of the learned Senior Civil Judge, Rajampet, were dismissed for non-payment of costs. During the pendency of the above-mentioned suits, the de-facto complainant lodged a complaint on 01.04.2023. The petitioners are permanent residents of Kadapa and Anantapur Districts, respectively, and have fixed places of abode.
Having regard to the facts and the circumstances of the case, gravity and nature of the allegations levelled against the Petitioners/Accused Nos.3, 5 to 7, this Court is inclined to grant pre-arrest bail to the Petitioners/Accused Nos.3, 5 to 7, with some stringent conditions.
In the result, the Criminal Petition is allowed with the following conditions:
In the event of their arrest, the Petitioners/Accused Nos.3, 5 to 7 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials;
The Petitioners/Accused Nos.3, 5 to 7 shall make themselves available for investigation as and when required;
The Petitioners/Accused Nos.3, 5 to 7 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 Nos.3, 5 to 7 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioners/Accused Nos.3, 5 to 7 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 Nos.3, 5 to 7 shall surrender their passports, if any, to the Investigating Officer. If they claim that he do not have passports, they shall submit affidavits to that effect to the Investigating Officer.