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CDJ 2026 APHC 1555 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6706 of 2026
Judges: THE HONOURABLE MR. JUSTICE SUBHENDU SAMANTA
Parties : Vallepu Mastan Versus The State of Andhra Pradesh, Represented by Station House Officer Narsaraopet II Town Police Station, Amaravati
Appearing Advocates : For the Petitioner: Gundala Siva Prasada Reddy, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 17-08-2026
Head Note :-
BNSS - Section 482 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 482 of Cr.P.C
- Section 528 of BNSS
- Section 318(2) of BNS
- Section 318(4) of BNS
- Section 351(3) of BNS
- Section 336(2) of BNS
- Section 338 of BNS
- Section 336(3) of BNS
- Section 340(2) of BNS
- Section 3(5) of BNS
- Section 338 of BNS (re‑mentioned)

2. Catch Words:
- Anticipatory bail
- Pre‑arrest bail
- Forgery
- Fake bills
- Investigation
- Bail conditions

3. Summary:
The petitioner filed a criminal petition under Section 482 of the Cr.P.C and Section 528 of BNSS seeking anticipatory bail for offences listed under various sections of the BNS, including Section 338. The petitioner contended that the FIR was false, that Section 338 was inapplicable, and that the punishments were below seven years, warranting bail. The prosecution opposed, citing a prior denial of pre‑arrest bail and potential hindrance to investigation. The Court examined the FIR, noting allegations of fake bills amounting to Rs. 45 lakhs but finding no prima facie basis for applying Section 338. Balancing the facts, the Court held that bail would not impede investigation if strict conditions were imposed. Consequently, the petition was allowed with a personal bond, sureties, and specific compliance requirements.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: IA NO: 1 OF 2026

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased)

1. This is an application under Section 482 of BNSS seeking anticipatory bail/pre-arrest bail in connection with Crime No.44 of 2026 of Narasaraopet II Town Police Station, Palnadu District, registered for the offence punishable under Section 318(2), 318(4), 351(3), 336(2), 338, 336 (3), 340(2) read with 3(5) of BNS.

2. Learned counsel for the petitioner submits that the allegation leveled against the petitioner in the FIR is false and concocted. Moreover, such offences cannot lie under Section 338 of BNS. He further submits that punishment for other offences registered in the FIR are below seven years, hence, petitioner is entitled for pre-arrest bail. He further submits that petitioner is permanent resident of Konanki village, Pidugurala Mandal and he will cooperate with the investigating agency in all respects. Learned counsel prayed for anticipatory bail on any conditions.

3. Learned Assistant Public Prosecutor on instructions, raised some objections and submits, allegations in the FIR properly demonstrated the role of the petitioner in cheating complainant company amounting to Rs.45,00,000/-. He further submits that as per the directions of this Court, the petitioner approached the learned Sessions Judge, wherein learned Sessions Judge by order, dated 30.07.2026 has turned down the pre-arrest bail application of the petitioner. He further submits that if he released on bail smooth investigation of the police would be hampered. At this juncture, pre-arrest bail cannot be considered.

4. Heard learned counsel for the parties and perused the FIR.

5. It appears that FIR discloses about preparation of some alleged fake bills by the petitioner, by which, petitioner and some other associates collected an amount of Rs.45,00,000/-. It is further alleged in the FIR that the petitioner has created fake bills without knowledge of the said company by which the company has suffered huge loss.

6. It appears that the applicability of offence punishable under Section 338 of BNS is only possible if there exists allegation of forgery of valuable security, Will or authority document, which later may turned out some monetary benefit of accused. In this case on plain reading of the FIR, no implication of any valuable security, Will or authority document is involved, though there are some allegations that petitioner is perpetrator of the fake bills, but for that reasons, Section 338 of BNS may not be applied. However, this observation is purely prima facie in nature and it shall not affect enquiry, investigation and trial of this case in any way.

7. Considering the entire facts and circumstances of the case, I find that investigation of the police shall not be hampered if the petitioner is enlarged on bail on some strict conditions. Accordingly, the Criminal Petition is considered and allowed.

8. In the event of arrest of the petitioner, he shall be enlarged on bail on obtaining personal bond for Rs.40,000/- (Rupees forty thousand only) with two sureties for a like sum each to the satisfaction of the learned XIII Additional District and Sessions Judge, Narasaraopet with other conditions laid down under Section 482 of BNSS. The petitioner shall also appear before the investigating agency twice in a week till filing charge sheet and shall cooperate with the investigating agency in all respects. The petitioner shall not leave the jurisdiction of learned trial Court without permission.

As a sequel, pending miscellaneous applications, if any, shall stand disposed of.

 
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