The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.9108 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.3 and 4 in Crime No.280 of 2024 of Chaderghat Police Station, Hyderabad, registered for the offences punishable under Sections 305, 338, 340(2) and 319(2) r/w Section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution, in brief, is that on 28.08.2024 at about 20:00 hours, the de facto complainant lodged a complaint stating that he owns six plots in Gadicherlapalli Village, Siddipet Urban Mandal, Siddipet District and during January, 2025, on coming to know that the de facto complainant is intending to sell those plots, accused No.1 in the aforesaid crime got introduced himself as a real estate broker and taking advantage of the loneliness of the de facto complainant, stolen the original property documents along with ID proofs, which the de facto complainant could realize only during February, 2023, and lodged a complaint about missing of documents and subsequently, when he intended to sell the properties with the help of certified copies of the lost documents and obtained encumbrance certificate, he was shocked to know that the properties were already sold by accused No.1 in favour of accused No.2 by executing a Special Power of Attorney (SPA) but the SPA numbers were not mentioned in the sale deed and immediately, he obtained certified copies of SPAs and came to know that the same were impersonated and accused Nos.3 and 4 signed as witnesses thereon and accused No.2 gave General Power of Attorney (GPA) to accused No.5, who mortgaged the properties to accused No.6.. Basing on the said complaint, the aforesaid crime was registered against the petitioners for the aforesaid offences.

3. Heard Mr. Mohd. Ashraf Ali, learned counsel for the petitioners/accused Nos.3 and 4 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4. Learned counsel for petitioners submits that the petitioners have not committed any offence and they have been falsely implicated in the above crime. He further submits that even according to the allegations made in the complaint, the main allegations are leveled against accused Nos.1 and 2 only and accused No.1 executed registered sale deed in favour of accused No.2 in respect of the properties claimed by the de facto complainant and the petitioners have neither received any amount from accused Nos.1 or 2 nor have they created any forged and fabricated documents and hence, the ingredients of Section 338 of BNS are not attracted against the petitioners and all other offences leveled against the petitioners are punishable with imprisonment upto seven years only and the police, without following the mandatory procedure prescribed under Section 35(3) of BNSS are proceeding with the matter. Learned counsel further submits that the only allegation leveled against the petitioners is that they signed as witnesses to the SPA and the petitioners have no criminal antecedents and anticipatory bail be granted anticipatory bail to them as they are ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioners and other accused have committed grave offence and accused No.1 created and fabricated SPAs, as if the same were executed by the de facto complainant in his favour and thereafter, without having any manner of right, sold the properties belonging to the de facto complainant and executed registered sale deed in favour of accused No.2 and the petitioners herein are alleged to have signed on the said documents as witnesses. Learned Additional Public Prosecutor further submits that the crime was registered on 28.08.2024 and since then, the petitioners and other acc