Andhra Pradesh High Court – Amravati
Kommathoti Ratna Kumar vs The State Of Andhra Pradesh on 19 August, 2025
APHC010414142025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 8407/2025
Between:
Kommathoti Ratna Kumar ...PETITIONER/ACCUSED
AND
The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
V. Surya Kiran Kumar
Counsel for the Respondent/complainant:
Public Prosecutor
The Court made the following:
ORDER:
The Criminal Petition has been filed under Section 438 of the Code of
Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) / Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to
enlarge the Petitioner on pre-arrest bail in Crime No.629 of 2024 of Nallapadu
Police Station, Guntur District, registered against the Petitioner herein for the
offences punishable under Sections 318(4), 338, 340(1) read with 3(5)
of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
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Crl.P.No.8407 of 2025
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2. The facts in brief, as presented by the prosecution, are that complainant
owns a site measuring an extent of 1.83 acres at Gorantla Village, registered
in the name of his wife, Padmaja, under Document No.5304/2006 of the
Guntur Joint Sub-Registrar Office dated 24.04.2006. The complainant’s wife
Padmaja passed away on 28.02.2022, after which he decided to transfer the
said land to the names of his children. A few days prior to lodging the
complaint, he obtained the Encumbrance Certificate (EC) and was shocked to
find that the property had been registered in the name of one Chinathareddy
Maheswara Reddy on 07.10.2023. Upon further inquiry, it came to light that
Accused Nos.1 to 4 and others had allegedly created 18 fake documents
resembling genuine ones, using impersonators acting as the original
landowners, thereby cheating the complainant. Hence, the complainant
approached the police station and lodged the present report seeking
necessary legal action.
3. Heard learned counsel for the Petitioner and the learned Public
Prosecutor.
4. Sri V. Surya Kiran Kumar, the learned counsel for the Petitioner,
submits that the Petitioner has not committed any offence; he was falsely
implicated in this case; the allegations against the petitioner are vague and
police have not collected any admissible/inadmissible evidence to connect the
petitioner with the alleged offences; he is the sole bread winner of his family;
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Crl.P.No.8407 of 2025
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he is ready to abide any conditions to be imposed by this Court. Hence, it is
urged to grant pre-arrest bail to the petitioner.
5. Per contra, Ms.P. Akhila Naidu, the learned Assistant Public
Prosecutor, opposed in granting pre-arrest bail stating that investigation
is not yet completed. If the petitioner is granted pre-arrest bail, he will not
be available for the investigation. It is further submitted that the
petitioner, with the active assistance and involvement of 16 other
accused persons, created several General Power of Attorney (GPA)
documents, which were fraudulently registered by impersonating one K.
Padmaja, (deceased). Accused No.2 allegedly impersonated the
deceased K. Padmaja, and the fact that both shared the same name
was exploited to perpetrate the fraud. It is further contended that the
petitioner, being a responsible Sub-Registrar, conspired with the other
accused and facilitated the impersonation of the deceased K. Padmaja
by Accused No.2. A total of 18 GPA documents were created and
processed through the petitioner. It is also submitted that Accused Nos.2
and 3 confessed that Accused Nos.18 and 19 demanded bribes from
them for processing the applications and registering the GPA
documents. The present Petitioner/Accused is the Sub-Registrar of
Narasaraopeta.
6. Perused the record.
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Crl.P.No.8407 of 2025
Dated 19.08.2025
7. The petitioner is working as Sub-Registrar at the Sub-Registrar Office,
Narsaraopet, Guntur District. As seen from the record, the District Registrar,
Palnadu, issued a press note clarification on 25.07.2025, which remains
undisputed. It was stated therein that the documents registered at the
Koretipadu Sub-Registrar Office were processed in accordance with the
procedure prescribed under the Registration Act. However, it was also
informed that an enquiry is ongoing against the staff of the Sub-Registrar
Office, Narasaraopet, and if any illegalities or irregularities are found in the
course of the enquiry, appropriate action would be taken against the
concerned Sub-Registrar and the in-charge Registrar. So far, the petitioner
has been arrayed as Accused No.19. Upon perusal of the complaint lodged by
the de facto complainant, it is noted that a total of 21 persons have been
named as accused, and the petitioner is mentioned as the 17th individual in
that list. The specific allegation against the petitioner is that he conspired with
other accused persons and facilitated the registration of 18 General Power of
Attorney (GPA) documents. It is further alleged that the accused persons
conspired to impersonate one K. Padmaja (deceased) as Accused No.2, who
shares the same name, and used that to register the said GPAs.
8. The learned counsel for the petitioner submits that the petitioner has
maintained an exemplary track record throughout his service. As a Sub-
Registrar, the petitioner is vested with quasi-judicial powers and, while
entertaining any registration, he is bound to follow the procedure and
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Crl.P.No.8407 of 2025
Dated 19.08.2025
regulations prescribed under the Registration Act. Except the confessional
statements of Accused Nos.2 and 3, which refer about Accused Nos.18 and
19, both officials of the Registration Department, there is no other material
available on record against the petitioner. The petitioner is a public servant
with a fixed place of residence. Therefore, the apprehension that he may
abscond or flee from the process of law does not arise.
9. The petitioner is presently functioning as the Sub-Registrar of
Narsaraopet. This Court, in Crl.P.No.7936 of 2025 dated 04.08.2025, granted
pre-arrest bail to M. Adinarayana Reddy, who was then the Sub-Registrar of
Nallapadu Sub-Registrar Office, and also, in Crl.P.No.8097 of 2025 dated
12.08.2025, granted pre-arrest bail in favour of P. Karimulla Khan, the then
Sub-Registrar of Narsaraopet. The petitioner’s name is not mentioned in the
FIR.
10. Considering the nature of the allegations leveled against the
petitioner and the alleged role played in this case by the petitioner in this
case, this Court feels it appropriate to grant pre-arrest bail to the
petitioner, being a government servant.
11. In the result, the Criminal Petition is allowed with the following
conditions:
i. In the event of her arrest, the Petitioner/Accused shall
be enlarged on bail subject to he executing a bond for a
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Crl.P.No.8407 of 2025
Dated 19.08.2025sum of Rs.10,000/- (Rupees Ten Thousand only), with two
sureties for the like sum each to the satisfaction of the
arresting police officials;
ii. The Petitioner/Accused shall make himself available
for investigation as and when required;
iii. The Petitioner/Accused shall not cause any threat,
inducement or promise to the prosecution witnesses;
iv. The Petitioner/Accused shall not leave the limits of the
State of Andhra Pradesh without the express permission
from the Station House Officer concerned.
_______________________
DR. Y. LAKSHMANA RAO, J
Date: 19.08.2025
KMS
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Dr.YLR, J
Crl.P.No.8407 of 2025
Dated 19.08.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.8407 of 2025
Date: 19.08.2025
KMS