Pidathala Sreenivaasa Goud Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA| MONDAY, THE FIFTH DAY OF MAY | TWO THOUSAND AND TWENTY FIVE

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:PRESENT:

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HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3644 OF 2025

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Between:

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Pidathala Sreenivaasa Goud, S/o Pidathala Rama Subbaiah, Aged about 52 years, R/o Flat.No. B-1406, Bhavyas Tulasi Vanam, Near South India Shopping Mall, Kukatpally, Medchal Mandal, Ranga Reddy District.

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Petitioner/Accused No.1

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AND

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The State of A.P., Rep. by its Public Prosecutor, High^{CourtJudicature} of A.P., At Amaravathi, Through The S.H.O., Kurnool IV Town P.S. Kurnool District.

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Respondent/Complainant

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Petition under Section 482 of BNSS., is filed praying that in the circumstances stated in the affidavit filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on anticipatory bail in the event of his arrest in connection with Crime No.77/2024 of Kurnool IV Town P.S., Kurnool District The petition coming on for hearing, upon perusing the^{Petitionandthe} grounds filed in support thereof and upon hearing the arguments of Sri. HARINADH NIDAMANURI Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent;

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The Court made the following:

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3644/2025

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Order:

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The Criminal Petition, u/Sec.482 of B.N.S.S is filed on behalf of the petitioner/accused No.1 to grant anticipatory^bailin connection with Crime No.77/2024 of Kurnool IV Town Police Station, Kurnool District.

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A case has been registered against the petitioner/accused No.1 for the offences punishable under Sections 420,^409r/w34 of IPC.

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The brief facts of the case are as follows: Prior to 02.03.2024, the defacto complainant lent Rs. 35,00,000/-^toA1 and, as security, mortgaged an immovable property belonging^to A1, which measures an extent of Ac. 4.25 cents in Sy.^No.1342, situated at Aakalreddypalli Village, Porumamilla Mandal,^YSR Kadapa District. The defacto complainant made a representation under the nature of mortgage without possession in the Kadapa Rural Registration office, based on a registered document^No.

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2

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7513/2019 issued by the Sub-Registrar, Kadapa Rural. However, A1 did not hand over the document to the defacto complainant, citing that the link documents had not been handed over to the mortgagor, as the mortgage was made without possession of the asset. The petitioner/AI is alleged to have cheated the defacto complainant. Hence, the defacto complainant lodged a complaint.

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The learned counsel for the petitioner submits that^the disputes between the petitioner and the defacto complainant^are purely civil in nature, but the defacto complainant has unnecessarily involved the petitioner in a criminal case. To support this, the petitioner has produced a copy of the mortgage deed allegedly executed by the petitioner in favor of the defacto complainant. The petitioner admits that there were mortgage transactions between them, but it appears that the petitioner has failed to discharge the mortgage debt and, in the meantime, transferred the property to A4 during the subsistence^ofthe mortgage deed. To support his contention, the learned counsel for the petitioner cites the decisions rendered by^the Hon’ble Apex Court in Usha Chakraborty and Another vs. State of West

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3

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Bengal and Another^ and Inder Mohan Goswami and another vs. State of Uttaranchal and others^. Even if the accusations made against the petitioner are assumed to be true, the ingredients of Section 409 of the IPC may not apply,^butSection 420 may be relevant.

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Considering the submissions made, this Court is of the opinion that the disputes between the defacto complainant^and the petitioner are civil in nature. Therefore, this Court is inclined to grant anticipatory bail to the petitioner/Accused No. 1, subject to the following conditions:

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The petitioner/accused No.1 is directed to surrender before the Station House Officer concerned within two (2) weeks from today and on such surrender, the petitioner/accused No.1 shall be released on bail on his executing a personal^bondfora sum of Rs.25,000/- (Rupees twenty five thousand only)^withtwo sureties for a like sum each to the satisfaction of the arresting police officials. After release, the petitioner shall appear before the Station House Officer concerned, as and when required^and the petitioner is directed not to hamper the investigation^and

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