APHC010435522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6965 OF 2024 Between:

Shaik Mahaboob Subhani @ Mabu Subhani, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. Dr SAYYED BABU SHAIK Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:-

The instant Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short,‘B.N.S.S’], is filed on behalf of the petitioner/accused No.9 seeking anticipatory bail in Crime No.1154 of 2023 of Nallapadu Police Station, Guntur District.

2. A case has been registered against the petitioner/ Accused No.9 and others for the offence punishable under Sections 419, 420, 468, 471, 120(b)

read with 34 I.P.C.

3. Case of the prosecution, in brief, is that the defacto complainant is the G.P.A holder of one Venigalla Praveen. Venigalla Praveen purchased a site in an extent of 1,396 Sq.yds in the year 1998. Subsequently, Accused No.1 by colluding with other accused and officials have created fake death certificates of Venigalla Praveen, who is residing in U.S.A and his wife Sesha Rathnam and family member certificate also. Pursuance of those fake documents, the Accused No.1 executed certain documents regarding the property to other accused, who in turn executed documents in favour of others. Hence, the complaint.

4. Heard Mr. Dr. Sayyed Babu Shaik, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent.

5. Having heard the arguments of both the counsels, the point that would arise for determination would be:

“Whether there are any justifiable grounds to release the petitioner on anticipatory bail or not?”

6. Learned counsel for the petitioner would submit that a Civil Suit has been filed by defacto complainant in O.S.No. 172 of 2023 on the file of District Judge, Guntur seeking declaration of title and also for cancellation of the sale deeds, which were executed by Accused No.1 in favour of Accused Nos. 2 to 7 and also the documents executed by Accused No.2 to 7 in favour of third parties and consequential permanent injunction against 15 persons. The petitioner herein is the Accused No.9, who was shown as defendant No.9 in the said suit.

7. Learned counsel would further submit that Accused Nos. 2 to 8 were released on bail. Crucial part of investigation is completed and the allegations made against the present petitioner is that Accused No.7 has executed a General Power of Attorney-cum- Agreement of Sale in favour of the present petitioner/ Accused No.9 on 12.07.2023 to an extent of 300 Sq.yds. In turn, the present petitioner also executed three sale deeds in favour of other Accused Nos. 10, 11 and 12.

8. Learned counsel would submit that the petitioner herein is a bonafide purchaser for valuable consideration without knowing any defect over the title of the property. A comprehensive civil suit is pending before the competent civil court. Defacto complainant filed a suit for declaration of title over the property. It is specifically alleged against Accused No.1 that she has created false Death Certificate and obtained Family Member Certificate and sold away the property as legal heir of the original owner. The petitioner/ Accused No.9 has got nothing to do with the said conspiracy, on the face of it, he has purchased the property under General Power of Attorney.

9. Learned counsel would submit that the petitioner is ready to co-

operate with the investigation and furnish sureties to the satisfaction of the Court. Custodial interrogation is not required in this case. Accordingly, prays for granting anticipatory bail.

10. Learned Assistant Public Prosecutor for the State would submit that investigation is pending for seizure of