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T. MALLIKARJUNA RAO
V. Srinivasulu – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(T. Mallikarjuna Rao, J. )
The Petitioner/Accused has preferred this Petition, under section 438 of the Code of Criminal Procedure, 1973 (for short, ‘Cr. P.C.') seeking anticipatory bail in connection with Crime No.42 of 2023 of Kavali II Town Police Station, registered for the offences punishable under sections 417, 410, 420, 467, 468, 471 r/w 34 of Indian Penal Code 1860 (for short, ‘I.P.C’) and section 82 of Registration Act, 1908 (for short, ‘R.A’).
2. The Prosecution's case, in a grave turn of events, is that the Joint Sub Registrar, Kavali, lodged a complaint stating that a document styled as a sale deed was registered on 13.01.2010 at Sub Registrar Office, Kavali, which was executed by M/s Suvarna Aqua Farm & Exports Limited, Hyderabad, in favour of one Kasula Badulla (A.1) for consideration of Rs.11,88,000/- for an extent of Ac.3.96 cents in Sy. No. 214 of Maddurpadu village. No.214 of Maddurpadu village. Subsequently, 13 years after that, A.1 executed three documents for an extent of 30 Ankanams, 35 Ankanams and 35 Ankanams in favour of Konduru Nagamani, P.Subbaiah and P.Kaveri Yedukondalu respectively, for consideration of Rs.5,28,000/-, Rs.6,16,000/- and Rs.6,16,000
Anticipatory bail is not to be granted routinely; it requires exceptional circumstances, and the court must assess the prima facie case and potential impact on the investigation.
(1) Anticipatory bail petition – In a case containing severe allegations, Investigating Officer deserves a free hand to take investigation to its logical conclusion.(2) Notice before arrest – Discret....
Court granted anticipatory bail to the petitioner, finding that allegations of fraud and forgery did not warrant denial, given the nature of the charges and imposition of conditions.
The principle of parity in granting anticipatory bail based on similar allegations against co-accused.
The court held that mere allegations under serious IPC sections do not negate the applicability of Section 41A of Cr.P.C. when lesser penalties are involved, allowing anticipatory bail.
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