The court determined that allegations of fraud in a property sale do not constitute a criminal offense under IPC when the matter is civil in nature, justifying the grant of anticipatory bail.

ORDER:

This Criminal Petition, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/A.1 and A.2 seeking anticipatory bail in connection with Crime No.101 of 2024 of Bandlamotu Police Station, Palnadu District, registered for the offences punishable under Sections 420, 467 and 323 read with 34 I.P.C.

2. Heard Sri T.Ramakoteswararao, the learned counsel for petitioners and the learned Assistant Public Prosecutor for respondent-State.

3. Perused the record.

4. Record discloses that three persons filed a complaint before learned Judicial Magistrate of First Class, Vinukonda in C.F.R.No.92 of 2024. The learned Magistrate in terms of Section 156(3) Cr.P.C. forwarded it for registration and investigation. Accordingly, F.I.R.No.101 of 2024 was registered by Bandlamotu Police Station, Palnadu District. This F.I.R. stares against these petitioners, who are arraigned as A.1 and A.2. Both the accused are spouses to each other. The allegations in the F.I.R. are to the following effect:

There is land situate in Survey No.191 in Sarikondapalem Village. The accused holding certain registered sale deeds in their name concerning this property offered them for sale and the three complainants agreed to purchase them and in that regard, an agreement for sale was executed between them on 13.01.2021. Total sale consideration was Rs.46,25,000/-. The purchasers paid Rs.11,57,000/- to the petitioners towards earnest money. The terms agreed between parties indicate that the deal should be completed on or before 12.04.2021. After some days, on the demand of the purchasers, these petitioners agreed to have the land measured through Surveyor. But thereafter they found complete silence on part of the petitioners. That created suspicion in the minds of the purchasers. They made their own enquiries and according to them, the land that was offered for sale did not belong to these petitioners but it belongs to somebody else. It is further mentioned that on 10.12.2021 Sri Kolisetty Venkata Ramanjaneyulu (the 2nd complainant) obtained a registered sale deed in his name from the other group of people for this very property. It is then stated that despite demands, these petitioners were not repaying their money. It is further mentioned in the F.I.R. that these petitioners filed suit against the complainants and they also approached police and Revenue Departments and filed other false cases. It is these allegations on which State registered the present crime for the offences under Sections 420, 467 and 323 read with 34 I.P.C.

5. Since the police have been after these petitioners, they moved this petition seeking bail in anticipation. As one would notice from the contents of the F.I.R. there was no bodily violence which attracts Section 323 I.P.C. Even according to F.I.R., these petitioners were holding registered sale deeds in their favour with reference to the disputed property. The complainants expressed their grievance only for return of their earnest money. If there was failure on part of the petitioners, the remedy lies elsewhere. While the agreement was in force, the complainants had purchased this very property from somebody else. That itself indicates that the dispute around this immovable property is a matter civil in nature. In fact the submissions of the learned counsel for petitioners and the papers placed before this Court would indicate that the complainants had filed O.S.No.39 of 2022 and the petitioners had filed O.S.No.157 of 2023. In the light of these facts and circumstances, it appears that a dispute that is civil in nature is used to arrest the petitioners. In these circumstances, there is justification in the prayer of the petitioners. Hence, prayer is granted.

6. In the result, this Criminal Petition is allowed. In the event of arrest of the petitioners herein/A.1 and A.2, they shall be enlarged on bail on each executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand