IMPORTANT POINT
The court established that anticipatory bail can be granted when allegations are primarily civil in nature and there is significant delay in filing the FIR, indicating potential abuse of the legal process.

ORDER :

Criminal Petition No.4287 of 2024, under Section 438 of Cr.P.C (482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.3 seeking anticipatory bail in connection with Crime No.227 of 2024 of Arilova Police Station, Visakhapatnam Commissionerate registered for the offences punishable under Sections 120B, 420, 465, 467, 468, 471, 383 and 506 read with 34 of I.P.C.

2. Criminal Petition No.4338 of 2024, under Section 438 of Cr.P.C (482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.1 and 2 seeking anticipatory bail in connection with Crime No.227 of 2024 of Arilova Police Station, Visakhapatnam Commissionerate registered for the offences punishable under Sections 120B, 420, 465, 467, 468, 471, 383 and 506 read with 34 of I.P.C.

3. Heard arguments of Sri Y.V. Ravi Prasad, learned Senior Counsel representing Sri K.Ajay Kumar, learned counsel for the petitioner in Crl.P.No.4287 of 2024 and Sri N.Ravi Prasad, learned Senior Counsel appearing for the petitioners in Crl.P.No.4338 of 2024 and Sri K.S.N. Murthy, learned Senior Counsel representing Sri M.R.K.Chakravarthy, learned counsel for respondent No.2/victim and learned Assistant Public Prosecutor representing respondent No.1/State.

4. Learned counsel for petitioners cited precedent. It is argued that civil cases cannot be given criminal colour and in those cases where the dispute is essentially civil in nature prayer for bail in anticipation need be considered favourably and cited: 1. Mohammed Ibrahim v. State of Bihar, (2009) 8 SCC 751

2. Paramjeet Batra v. State of Uttarakhand, (2013) 11 SCC 673

3. Jay Shri v. State of Rajasthan, (2024) SCC OLine SC 54

4. Naresh Kumar v. State of Karnataka, (2024) SCC OnLine SC 268

Adverting to the principles to be considered in pre-arrest bails, learned counsel cited:

5. Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694

6. Priya Indoria v. State of Karnataka, (2024) 4 SCC 749

In the case at hand the petitioners had also filed petitions under Section 482 Cr.P.C. seeking quash of F.I.R. It is argued that pendency of such petition is no bar to entertain petitions for anticipatory bail the learned counsel cited:

7. Kamlesh v. State of Rajasthan, (2019) SCC OnLine SC 1822

In the case at hand, there is delay of more than three years in lodging F.I.R. and such aspect requires consideration and cited:

8. Sumedh Singh Saini v. State of Punjab, (2021) 15 SCC 588

9. Vijay Kumar Ghai v. State of West Bengal, (2022) 7 SCC 124

5. The prosecution case details various events that took place between the de facto complainant and the accused and all those factual aspects are elaborately narrated in the written information which was registered as F.I.R. Therefore, the allegations can be seen better by looking at the written information itself which reads as below:

“To

Date: -06-2024

The Station House Officer, Arilova Police Station,

Visakhapatnam.

This is a criminal case against the following persons:

1. Gadde Brahmaji, s/o. Muneswara Rao, aged about 43 years, r/o. D.No.20-20/1, Flat No. 502, Sukshetra East Point, East Point Colony, Visakhapatnam-530017.

2. Gannamani Venkateswara Rao, s/o. G.Janardhan Rao, aged about 46 years, r/o.Flat No.502, Srinilayam, D.No. 54154, Seethammadhara, Visakhapatnam-530013.

3. M.V.V. Satyanarayana, s/o. Late Ranganayakulu, aged about 53 years, r/o. D.No.4-62-1, Plot No. 25, Lawsonsbay Colony, Visakhapatnam -530017.

1) I am a graduate in Civil Engineering from the University of Mysore. I took up construction works in the State of Karnataka and Telangana. I became a noted builder having built several Government projects including hospitals like NIMHANS, Bangalore, etc., under the name and style of M/s. Haigreeva lnfratech Projects Limited (HIPL). The said HIPL was categorized as 'S' category company with the turnover of about Rs. 400.00 Crores per annum. In the course of business I engaged Gannamaneni Venkateswara Rao as auditor and he is also auditor & close associate of