IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

CRIMINAL PETITION NO: 807 OF 2021

Between:

• 1. Mutyala K Saradhi Chakravarthy, aged about 48 years, R/o S/o M. Kannan, R/o D.No. 1-5-599//M 301, Balaji Colony, Tirupathi Urban, Tirupathi, Chittoor.
• 2. Nirmala, W/o M.K. Saradhi Chakravarthi, aged about 47 years, R/o D.NO. 1-5-599//M 301, Balaji Colony, Tirupathi Urban, Tirupathi, Chittoor.
• 3. T. Sivaramaiah Naidu, Aged about 85 years, S/o Muraswamy, R/o D.No. 9-3-1223, Porla Street, Tirupathi Urban, Tirupathi, Chittoor District.

...Petitioners/Accused

AND

The State of AP, Rep. by its S.H.O., Alipiri P.S., Through Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

...Respondent/Complainant

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners by directing the respondents to release the petitioner on bail in the event of their arrest in respect of the Crime Registered in F.I.R. No. 388/2020 of Alipiri P.S., Tirupathi on such terms as the Honorable Court may deem fit.

The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Nagam Chandrasekhar Reddy, Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court made the following. ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

CRIMINAL PETITION NO. 807 OF 2021

ORDER:-

This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A1 to A3 in the event of their arrest in connection with Crime No. 388 of 2020 of Alipiri Police Station, Tirupathi Urban registered for the offences punishable under Sections 406, 420, 323, 506 read with 120 b of the Indian Penal Code, 1860.

$2.$ The case of prosecution is that a complaint was lodged on 17.06.2020 wherein it was alleged that all the accused have misrepresented the complainant stating that they have valuable house sites and residential plots at Tirupathi and showed him brochures by making him believe their words, the accused have induced the complainant to part with his valuable amount to a tune of Rs.2,60,00,000/- which was paid in different spells. Later he realized that the petitioners herein who belong to one family have conspired together, hatched a criminal plot and cheated him. When the complainant pressurized the petitioners to pay the money, petitioner No.1 issued two cheques one for Rs.10,00,000/and another for Rs.15,00,000/-. The cheques were dishonoured on their presentation, on the ground that account was closed. Immediately the complainant informed the same to the petitioners for which petitioner No.1 requested the complainant to wait for some time so that he will adjust the amount. The complainant did not represent the cheques again keeping in view his close association and friendship with the petitioners' family and in the

mean time cheques were lapsed. The further case of the complainant is that the petitioners with a dishonest intention conspired together, kept the complainant in dark and cheated him. When the complainant asked the petitioners to repay the amount they have threatened him with dire consequences, attacked his family and forcibly entered into his house in his absence. Basing on the said complaint the present crime is registered in which the petitioners are arrayed as A1 to A3.

Heard Sri Nagam Chandrasekhar Reddy, learned counsel for $3.$ the petitioners and the learned Additional Public Prosecutor for the respondent-State.

$4.$ Learned counsel for the petitioners submits that the petitioners have not committed the alleged offence and in fact a private complaint was lodged by petitioner Nos.1 and 2 against the complainant alleging that on 23.11.2019 at about 4:00 P.M. when they were going in front of their apartment by their B.M.W.520D car, the complainant herein along with his followers approached, put them into fear, highhandedly pulled them away from the car and threatened to kill petitioner Nos.1 and 2 and their children. He took away the said car which worth more than Rs.13,00,000/-. Though a report was lodged with the Police, no action was taken. As such petitioner Nos.1 and 2 have filed a private complaint. Learned counsel for the petitioners further submits that as a counter blast to the said complaint, the complainant has lodged a complaint basing on which the present crime is registered.

5. Learned counsel for the petitioners submits that even if all the allegations are taken on its face value, they do not attract the offences as alleged. He further submits that even as per the

$\overline{2}$

explanation for such delay, this Court deems it appropriate to grant pre-arrest bail to the petitioners.

e e e

The Criminal Petition allowed. is Accordingly, this 9. petitioners/A1 to A3 shall be released on bail in the event of their arrest in connection with Crime No. 388 of 2020 of Alipiri Police Station, Tirupathi Urban on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, Alipiri Police Station, Tirupathi Urban.

Consequently, miscellaneous applications pending, if any, shall stand closed.

//TRUE COPY//

Sd/-T.Madhavi

ASSISTANT REGISTRAR

SECTION OFFICER

To,

1. The III Addl. Judicial Magistrate of First Class at Tirupathi, Chittoor District.

2. The Station House Officer, Alipiri Police Station, Tirupati, Chittoor District.

3. One CC to Sri. Nagam Chandrasekhar Reddy, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court of AP [OUT]

5. One spare copy.

MSB

HIGH COURT

$\mathsf{LK},\mathsf{J}$

DATED:18/02/2021

ORDER

CRLP.No.807 of 2021

DIRECTION