ORDER :

This petition is filed under Section 437 and 439 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking regular bail to the petitioners/A16 and A17 who were arrested in connection with Crime No.177/2021 of Chillakuru Police Station, SPSR Nellore District wherein the petitioners were alleged to have committed the offences punishable under Sections 120B, 420, 417 r/w 415, 465 r/w 464, 467, 468, 471 r/w 34, 409 r/w 405 of the Indian Penal Code, 1860 (for short “IPC”).

2. The Revenue Divisional Officer, Gudur, Chittoor District filed a complaint on 21.9.2021 stating that A1 working on deputation basis as DAO, Revenue Divisional Office, Gudur, A2 is working as Senior Assistant, O/o Tahsildar, Venkatagiri were kept under suspension for mutation of the lands belonging to the Director of Ports in Sy.No.94-3 measuring Ac.271.80cents of Thamminapatnam Village, Chillakur Mandal in favour of 11 private individuals by creating illusory survey numbers 327-3A2-H1 to 327-3A2-H11. As per the directions of the District Collector, SPSR Nellore District vide letter dated 16.9.2021 a criminal complaint is lodged on officers involved in this case and also who did favour knowingly that the said land belongs to the Director of Ports and mutated out rightly, caused detrimental loss to the Government. Basing on the said report treating as a crime in F.I.R.No.177/2021 was registered against 13 persons on the file of Chillakur police station, SPSR Nellore District.

3. The contention of the petitioners is that they never committed any offence as alleged in the report and they are innocent and the petitioners were falsely implicated in the present case and the case is foisted against A1 at the instance of local political leaders. Even prior to the registration of the crime on 03.7.2021 itself, A1 has ordered to restore the name of the Director of Ports with respect to land of an extent of Ac.271.80cents of Tamminipatnam village, Chillakuru Mandal. A1 further averred that the computer operator Sri J.Naveen Kumar who is A14 in the crime, without any mutation proceedings fabricated the mutation proceedings dated 15.02.2021 incorporated names of 11 persons in the revenue records. Said Naveen Kumar is outsourcing computer operator has fabricated the documents and uploaded the names in the web-land. Infact, A1 made a complaint to the Inspector of Gudur Circle on 09.9.2021 that letter alleged to have been addressed by A1 dated 12.3.2021 is forged one and requested to take necessary action.

4. Denying all the allegations made in the petition, Inspector of Police/Investigating Officer, Guduru Rural circle has filed his counter in Crl.P.No.5894 of 2021 stating that there was some illegal transactions with respect to the subject lands as the officials have colluded and facilitated in creating third party interest of the Government land in favour of the land grabbers. As such upon the report of the Revenue Divisional Officer concerned, the present crime has been registered against the petitioners and others. Initially the land of an extent of Ac.271.80cents in Sy.No.94-3 of Thamminapatnam village, Chillakur Mandal was classified as endowment land and stood in the name of Tatkal Manager, Sri Kodanda Ramaswamy temple. As per G.O.Ms.No.33, dated 01.7.2009, the total extent was leased out to Krishnapatnam Port company Ltd (KPIL), its head office at Visakhapatnam. As per online adangal and 1-B namoona the pattadar and enjoyer of the above said lands is Director of Ports. The land in Sy.No.327-3A of Thamminapatnam village admeasuring a total extent of Ac.669.55cents is classified as inam dry land stands registered on the name of Dhurjati Venkataramanaiah as Inamdar. Out of the said land an extent of Ac.245.00cents was surrendered under the provisions of A.P.L.R(COACH) Act, 1973. Certain lands were also alienated in favour of APIIC which was subsequently allotted to Kenata Power projects Pvt. Ltd.

5. During the course of investigation, it was noticed that A1 and