The court highlighted that anticipatory bail applications must evaluate the gravity of allegations, the role of the accused, and ensure fairness in the investigative process.

ORDER :

A. HARI HARANADHA SARMA, J.

Crl.P.Nos.5730, 5860 and 5861 of 2025

The complainant party in Cr.No.244 of 2025 is Santhi Ashramam people and the complainant party in Cr.No.245 of 2025 are from Gajula family. The civil litigation between the parties went up to the Hon’ble Supreme Court, covered by SLP.No.27400 of 2023.

2. On the allegation against Gajula family people that they attempted to trespass and dispossess the Santhi Ashramam people from the property handed over in terms of the orders of the Hon’ble Supreme Court and that there was attempt of lives on one K.Raviprasad/informant and others belonging to Santhi Ashramam people, by engaging rowdy elements etc., the case in Cr.No.244 of 2025 is registered.

3. On the allegation against Santhi Ashramam people that they tried to dispossess and eliminate Gajula Goutam/informant and others with the aid of rowdy elements etc., by trespassing into the property, the case in Cr.No.245 of 2025 is registered. Both the Crimes are pertains to Muvalavanipalem Police Station, Visakhapatnam.

4. Crl.P.No.5730 of 2025 is filed by the A1 in Crime No.245 of 2025, Crl.P.Nos.5860 and 5861 of 2025 are filed by A14 and A1 respectively, in Crime No.244 of 2025.

5. The case in Crime No.245 of 2025 is registered with the allegation of committing the offences punishable under Sections 3 29(3), 109(1), 61(2), 111(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

6. The case in Crime No.244 of 2025 is registered with the allegation of committing the offences punishable under Sections 3 29(3), 324(4), 308(5), 109(1), 61(2), and 111(1) read with Section 3 (5) of the BNS .

7. Upon considering the sequences of registration of the crimes and also overlapping of contentions to some extent, and as the scene of offence in both the cases being the same viz., Santhi Ashramam, M.V.P Colony, Beach Road, Visakhapatnam, these three Criminal Petitions are being considered and disposed of together by way of common orders.

8. The arguments are advanced in all these three cases together for the respective petitioners and by the learned Assistant Public Prosecutor.

9. The de-facto complainant/ informant in Crime No.244 of 2025 has sought impleadment and audience in Crl.M.P.Nos.5860 and 5861 of 2025 and the same was permitted.

10. Heard learned counsel for the petitioners in all the three cases and Sri Neelothpal.G, learned Assistant Public Prosecutor appearing for the State.

11. The case of the petitioner in Crl.P.No.5730 of 2025, in brief is that, as per the orders of Hon’ble Supreme Court in SLP No.27400 of 2023 dated 28.02.2025, the possession of the disputed property was handed over to the Santhi Ashramam people. One Ravi Prasad arrayed as accused No.1 in Crime No.245 of 2025 is Secretary of the Santhi Ashramam. After 2 ½ decades of legal proceedings between the parties up to the Hon’ble Supreme Court level, the possession of the property was handed over. The property is in an extent of Ac.1.53 in patta No.16, 1.05 Acres in Patta No.17, 1.51 Acres in patta No.18, 2.0 Acres in patta No.34 beside Saint Anns School, Peddawaltair, Beach Road, Vishakapatnam is the subject matter of civil proceedings at various levels, including the proceedings before the Hon’ble Supreme Court at the SLP (Special Leave Petition) stage and the contempt proceedings were closed by Hon’ble Supreme Court after recording the delivery of the possession. But the allegations made now in the complaint are that the Santhi Asharam People including the petitioner/Raviprasad attempted to commit trespass and occupy the property with the aid of rowdy elements. The allegations are false in view of the admitted and clear delivery