THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4362 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioners/accused Nos.2 and 3 in Crime No.123 of 2025 on the file of Uppal Police Station, Rachakonda registered for the offences punishable under Sections 318(4), 335, 336, 338 and 340(2) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 25.01.2025, the de-facto complainant lodged a complaint stating that she is the absolute owner and peaceful possessor of plot in Baba Nagar Colony, Uppal Kalan. She purchased the said plot in the year 1993 and since then she is in possession of the plot. However, on January 6, 2025, her neighbors informed her that some people were measuring the plot, claiming to be the owners. The complainant later discovered that the petitioners along with other accused had created fake documents, including death certificate and family member certificate to support their claim. Basing on the same, Crime No.123 of 2025 was registered.

3. Heard Mr.D.Bala Mallesh, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed the offence and they were falsely implicated in the above crime and the offences alleged against the petitioners are not attracted. He further submitted that the entire allegations levelled against the petitioners are purely civil in nature and the de-facto complainant has already filed suit vide O.S.No.62 of 2025 on the file of the Principal Senior Civil Judge, Medchal- Malkajgiri District, against petitioners and other accused seeking perpetual injunction and also declare the documents executed by the petitioners as null, void and not binding on her. When the said suit is pending, she lodged a complaint against the petitioners and other accused and basing on the same, present crime was registered. He further submitted that the petitioners shall abide by the conditions, which are going to be imposed by this Court, and they are ready to cooperate with the investigation. Hence, the petitioners may be enlarged on anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that petitioners and other accused have committed grave offence, by fabricating documents and executing sale deeds dated 12.07.2024 and 05.07.2024, in which they enclosed the death certificate of the de-facto complainant, despite her being alive. He further submitted that in the complaint also, there are serious allegations against the petitioners and investigation is under progress. At this stage, if the petitioners are granted anticipatory bail, they will interfere with the investigation and influence the witness. Hence, prayed to dismiss the petition.

6. Having considered the submissions made by the respective parties and after perusal of the material available on record, it reveals that there are serious allegations against the petitioners as well as accused No.1, that they have created fabricated documents and executed sale deeds in respect of the property claimed by the de- facto complainant. The record further discloses that petitioner No.2/accused No.3 has approached this Court and filed bail application prior to this one, vide Crl.P.No.2518 of 2025 and the same was dismissed on 06.03.2025 and since dismissal of said bail application, there are no changed circumstances. According to the learned Additional Public Prosecutor, investigation is under progress.

7. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

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