Andhra Pradesh High Court – Amravati
P Kariyappa vs The State Of Andhra Pradesh on 7 August, 2025
APHC010393212025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7970/2025
Between:
1. P KARIYAPPA, S/O P SANNA THIMMAPPA, AGED 53 YEARS, R/O.
H. NO. 11-3, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
2. P SRINIVASULU, S/O SANNA THIMMAPPA, AGED 43 YEARS, R/O.
H. NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
3. P SRIDHAR, S/O SANNA THIMMAPPA, AGED 39 YEARS, R/O. H.
NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
4. P PRIYANKA, W/O P MURALI KRISHNA, AGED 28 YEARS, R/O. H.
NO. 11-03,D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
5. P MURALI KRISHNA, S/O SANNA THIMMAPPA, AGED 41 YEARS,
R/O. H. NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
6. P. SRINIVASULU,, S/O SANNA THIMMAPPA, AGED 43 YEARS, R/O.
H. NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
7. P. MURALI KRISHNA,, S/O SANNA THIMMAPPA, AGED 41 YEARS,
R/O. H. NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
8. P. SREEDHAR,, S/O SANNA THIMMAPPA, AGED 39 YEARS, R/O. H.
NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
9. P PRIYANKA,, W/O P MURALI KRISHNA, AGED 28 YEARS, R/O. H.
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Dr. YLR, J
Crl.P.No.7970 of 2025
Dated 07.08.2025
NO. 11-03, D GOLLAHATTI, MADAKASIRA, SRI SATHYA SAI
DISTRICT.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,
High Court of Andhra Pradesh At Amaravati
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Courtpleased to direct the Station House Officer,
Madakasira Police Station, Sri Sathya Sai District to release the petitioners/
Accused No. 1 to 5 on bail in the event of their arrest in connection with Cr.No.
No. 99/2025 of Madakasira Police Station, Sri Sathya Sai District and to pass
IA NO: 1 OF 2025
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition,the
High Court may be pleased Pleased to grant interim bail to the petitioners in
connection with Cr.No. 99/2025 of Madakasira Police Station, Sri Sathya Sai
District, and pass
Counsel for the Petitioner/accused(S):
1. SUDHESHNA YAKKALA
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.7970 of 2025
Dated 07.08.2025
The Court made the following:
ORDER:
The Criminal Petition has been filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’)
petitioners/accused Nos.1 to 5 for granting of pre-arrest bail in
connection with Crime No.99 of 2025 of Madakasira Police Station,
Sri Satya Sai District, registered for the alleged offences punishable
under Sections 420, 467, 468, 471, 120b and 447 read with 34 of the
Indian Penal Code, 1860 (for brevity ‘the IPC‘).
2. The case of the prosecution is that on 01.06.2019 at Eguva
Gollahatti Village, Madakasira Mandal, the petitioners/accused Nos.1 to
5 of D.Gollahatti Village, forged the documents and used them illegally
to get the land conspired and fraudulently registered an extent of 5.00
acres of the land in survey No.510 of Melavayi Revenue Village, in the
name of the accused No.5, including 3.75 acres belonging to the de
facto complainant by mutating in the name of the accused No.5, through
online entries and criminally trespassed into the land and also attempted
to sell the land for their personal gain by using forged documents as
genuine, without the knowledge and consent of the de facto complainant
by cheating the de facto complainant. The incident was reported on
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Dr. YLR, J
Crl.P.No.7970 of 2025
Dated 07.08.2025
15.07.2025 at 1:30 P.M. by the de facto complainant
Sri Thippemarappa. A case was registered based on the said complaint
given by the de facto complainant.
3. Smt. Sudheshna Yakkala, the learned counsel for the petitioners,
contends that the petitioners are innocent of the alleged offence and has
been falsely implicated by the police. She argues that petitioners are in
the possession of the property. Therefore, the question of trespassing
into the property of the petitioners does not arise. The petitioners filed
certain documents and contend that the disputed land is in the name of
the petitioners. It is further submitted that the petitioners are ready to
abide any conditions that may be imposed by this Court, and it is urged
to grant pre-arrest bail to the petitioners.
4. Per contra, Mr.Neelotphal Ganji, 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 pre-arrest bail, there is a strong likelihood
that they may abscond, thereby hampering the ongoing investigation
and evading the process of law. In view of the foregoing, it is urged that
the petition be dismissed.
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Dr. YLR, J
Crl.P.No.7970 of 2025
Dated 07.08.2025
5. Heard the learned counsel for the petitioners and the learned
Assistant Public Prosecutor. Perused the record.
6. On perusal of the record, it appears that there are disputes with
regard to the land between the petitioners and de facto complainant. The
petitioners have relied on certain documents and contend that they are
the absolute owners of the property. The dispute about the enjoyment
and possession of the property is of civil in nature.
7. Considering the gravity and nature of the allegations levelled
against the petitioners, this Court deems it fit to grant pre-arrest bail to
the petitioners.
8. In the result, the Criminal Petition is allowed with the following
conditions:
i. In the event of their arrest, the petitioners/Accused
No.1 to 5 be enlarged on bail subject to they executing
personal bond for a sum of Rs.10,000/- (Rupees Ten
Thousand only), each with two sureties for the like sum
each to the satisfaction of the arresting police officials;
ii. The petitioners/Accused Nos.1 to 5 shall make
themselves available for investigation as and when
required;
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Dr. YLR, J
Crl.P.No.7970 of 2025
Dated 07.08.2025iii. The petitioners/Accused Nos.1 to 5 shall not cause
any threat, inducement or promise to the prosecution
witnesses;
iv. The petitioners/Accused Nos.1 to 5 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.
v. The petitioners/Accused Nos.1 to 5 shall not leave
the district limits without the express permission from the
Station House Officer concerned.
vi. The petitioners/Accused Nos.1 to 5 shall surrender their
passports, if any, to the investigating officer. If they claim
that they does not have passports, they shall submit an
affidavit to that effect to the Investigating Officer.
_______________________
DR. Y. LAKSHMANA RAO, J
Date: 07.08.2025
MDP