HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.11256 of 2024

ORDER :

Petitioner/accused No.4 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 seeking anticipatory bail in Cr.No.505 of 2024 of P.S. Mahabubnagar Rural, registered for the offences under Sections

406, 417, 420, 467, 468, 471 and 474 r/w. 34 of IPC.

2. Heard Sri C.Sharan Reddy, learned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State and perused the record.

3. The case of the prosecution is that the accused in the crime have created fake documents by forging the signatures of Revenue Officials in respect of Government land situated in Sy.No.523 and sold the same in favour of LW-3/ V.Seethamma, LW-4/K.Hanmanthu and others. Believing their words, some persons, including LW-3/V.Seethamma and LW-4/K.Hanmanthu have constructed houses in the said land. However, said houses were dismantled by the Revenue officials as illegally constructed houses.

4. Learned counsel for petitioner submits that on the very same set of allegations, earlier a case in Crime No.604 of 2021 was already registered against accused No.1 and charge sheet was also filed before the Court concerned in the said crime. He further submits that initially FIR was registered for the offences under Sections 406, 417 and 420 of IPC and Section 467 of IPC was subsequently added, to remove the applicability of notice under Section 35(3) of Bharatiya Nyaya Sanhitha, 2023 (norice under Section 41-A Cr.P.C.). He further submits that though the petitioner/accused No.4 has nothing to do with the alleged offences, basing on the confession of accused Nos.1 and 2, he has been falsely implicated in the case. He further submits that the petitioner/accused No.4 has never forged any document nor he has sold any plots to any person, hence, the offences alleged against the petitioner/accused No.4 are not at all attracted. He further submits that most part of the investigation is completed, except filing of charge sheet, and hence, prayed to grant anticipatory bail.

5. The learned Additional Public Prosecutor opposed the application stating that there are serious allegations against the petitioner/accused No.4. He further submits that accused No.1’s father is a politically active person. On knowing that the Government land is still available in Sy.No.523, accused Nos.1 to 3 have colluded with the then Minister and created fake patta certificates by forging the signatures of Revenue Officials and sold nearly 30-40 plots in Sy.No.523 and shared the money equally. For creating such fake and fabricated documents, a case in Crime No.604 of 2021 was registered against the accused for the offences under Sections 447, 427, 420 and 468 r/w 34 of IPC. It is further contended that on 28.08.2024, the Revenue Officials dismantled the illegally constructed houses in Sy.No.523, as such, the victims lodged the present complaint against the accused in the crime. He further submits that investigation is in progress and if the petitioner/accused No.4 is released on bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6. Having heard both sides and perused the material on record, it appears that specific allegations are levelled against the petitioner/accused No.4 and investigation is in progress. In the said circumstances, this Court is of the considered view that it is not a fit case for grant of anticipatory bail to the petitioner/

accused No.4.

7. Accordingly, this petition is dismissed.

____________________ JUVVADI SRIDEVI, J Date: 27.09.2024 vsl