Andhra Pradesh High Court
CRLP/9215/2023 of SRIPATHI PERAIAH Vs THE STATE OF ANDHRA PRADESH on 31 December 2024
COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION No.9215 of 2023 Between: 1. Sripathi Peraiah, S/o. Bangaraiah, Aged 46 Years, R/o. Miriyalapalem Ongole, Prakasam District.
iXSSSX^SO^
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENTHONOURABLE SRI JUSTICE K SURESH REDDY
CRIMINAL PETITION No.9215 of 2023
Between:
1. Sripathi Peraiah, S/o. Bangaraiah, Aged 46 Years, R/o. MiriyalapalemOngole, Prakasam District.Ongole, Prakasam District.
2. Mallavarapu Koti Reddy, S/o. Venkata Subba Reddy, Aged 49 Years.R/o. Bhagyanagar 3'^^ Lane, Ongole, Prakasam District.R/o. Bhagyanagar 3'^^ Lane, Ongole, Prakasam District.
...PETITIONERS/ACCUSED NOS.12 & 13
AND
The State of Andhra Pradesh, Rep by its Public Prosecutor, High Courtof Andhra Pradesh at Amaravati, Through the Station House Officer,OngoleI Town Police Station, Prakasam District.
...RESPONDENT/COMPLAINANT
Petition under Section 438 of Cr.P.C praying that in[the][ circumstances]stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to enlarge the Petitioners/Accused No. 12 and 13 on bailinthe event of their arrest in connection with Crime No.307 of 2023 on the fileof OngoleI Town Police Station, Prakasam District.
This Petition coming on for hearing, upon perusing[the][ Memorandum]of Grounds ofCriminal Petition and upon hearing the arguments ofSri KAdvocate for the Petitioners and the Public ProsecutoronArjun Chowdarybehalf of the Respondent.
The Court made the following ORDER:
HON'BLE SRI JUSTICE K.SURESH REDDYCRIMINAL PETITION No. 9215 OF 2023
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
This criminal petition, under Section 438 Cr.P.C.,is filed bythe petitioners-accused Nos. 12 and 13 seeking to release[them][ on]bailin the event of arrest in crime No. 307 of 2023 of Ongole ITown Police Station, Prakasam District, registered[for][ the][ offences]punishable under Sections 464, 466, 467, 468 and 472[read][ with]Section 34 IPC.
2. HeardSriK.Arjun,learnedcounselappearingforthepetitioners-accused Nos. 12 and 13, and learned Additional[Public]Prosecutor appearing for the respondent-State.petitioners-accused Nos. 12 and 13, and learned Additional[Public]Prosecutor appearing for the respondent-State.
3. Case of the prosecutionis that on 26-09-2023 at about[4]p.m., the police surprised the house of accused No.[1] where theyfound accused Nos.1 to 4 sitting at his house.After intimatingabout search warrant, the police searched the house[and][ found][ 26]fake non-judicial stamp papers of denomination of Rs.lO/-,[04][ fake]non-judicial stamp papers of denomination of Rs.50/-,[09][ fake][ non]judicial stamp papers of denomination of Rs.lOO/-. The police alsofound 98 blank birth certificates, 99 blank death certificates,16p.m., the police surprised the house of accused No.[1] where theyfound accused Nos.1 to 4 sitting at his house.After intimatingabout search warrant, the police searched the house[and][ found][ 26]fake non-judicial stamp papers of denomination of Rs.lO/-,[04][ fake]non-judicial stamp papers of denomination of Rs.50/-,[09][ fake][ non]judicial stamp papers of denomination of Rs.lOO/-. The police alsofound 98 blank birth certificates, 99 blank death certificates,16
blank e-stamps and 60 rubber stamps.After seizing seizing[[the][ above]][[ above]]fake stamps, all the four accused confessed that they initially didreal-estate business and having sustained loss in the said business,they resorted to indulge themselves in creating faketitle deedswith the help of fake rubber stamps and fake non-judicial stamppapers.They further confessed that the present petitioners alsohelped them in creating fake documents.
After seizing seizing[[the][ above]][[ above]]
4. Learned counsel appearing for the petitioners-accused Nos.12 and 13 contends that the petitioners came to be implicated onlyon the confession of accused Nos. 1 to 4.He therefore requeststhis Court to grant anticipatory bail to the petitioners-accused Nos.12 and 13.
5. LearnedAdditionalPublicProsecutor onthe otherhandvehemently opposed the petition on the grounds that thereis agang operating in Ongole Town, including the petitioners, involvingin creating fake family member certificates and fakebirth anddeath certificates and selling properties without knowledge[of][ real]ownersbyintroducingthemselvesasiftheyarelegalrepresentatives of original owners or they are family members[ of]
To
original owners; that the allegations made against the petitionersare serious in nature and in a case of this nature, the petitionersneed to be custodially interrogated and that number of innocentvictims suffered irreparable loss.He therefore requests[this][ Court]to dismiss the criminal petition in the interests of public at large.6.As huge properties are involved in these fake transactionsand custodial interrogation of the petitioners is required,[this][ Court]is not inclined to grant anticipatory bail to the petitioners-ac[cused]Nos. 12 and 13.
7. Accordingly, the criminal petition is dismissed.
SD/- P.VINOD KUMARASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
1. The Station House Officer, OngoleI Town Police Station, PrakasamDistrict.
2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh,Amaravathi [OUT]
3. One CC to Sri K Arjun Chowdary, Advocate [OPUC]
4. Three CD Copies
TK
TAC
1
■i
HIGH COURT
DATED:31/12/2024
ORDER
CRLP.No.9215 of 2023
DISMISSING THE CRIMINAL PETITION