1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.2 to 4 for granting of pre-arrest bail in connection with Crime No.240 of 2024 of Anakapalli Rural Police Station, Anakapalli District registered for the alleged offence punishable under Sections 109(1), 324(4) and 351(2) read with 3(5) of Bharatiya Nyaya Sanhita (for short ‘the BNS’).

2. Perused the record. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor.

3. Mr. Mangena Sree Rama Rao, learned counsel for the petitioners, submits that the petition insofar as it relates to Petitioner Nos.2 and 3/Accused Nos.3 and 4 may be permitted to be withdrawn. Permission is accorded. Accordingly, the Criminal Petition against Petitioner Nos.2 and 3/Accused Nos.3 and 4 is dismissed as withdrawn.

4. The learned counsel for Petitioner No.1/Accused No.2 submits that Petitioner No.1/Accused No.2 has not committed any offence.

5. In fact, the petitioner No.1/accused No.2 is aged about 58 years and is a woman. There are no specific overt acts attributed to her. The Accused No.1 has already been enlarged on anticipatory bail by the learned X Additional District & Sessions Judge, Anakapalli, vide order dated 04.09.2024 in Crl.M.P. No.80 of 2024.

6. It is further submitted that there are civil disputes between the petitioners and the defacto complainant. The suit in O.S.No.139 of 2024 was instituted by Accused No.1 against the defacto complainant and her husband for recovery of Rs.11,19,333/- based on a promissory note, and the said suit is still pending. The suit in O.S.No.302 of 2024 was instituted by Petitioner No.1/Accused No.2 against the husband of the defacto complainant seeking the relief of permanent injunction, and the said suit is pending before the Court of the III Additional Junior Civil Judge, Anakapalle. It is also brought to the notice of this Court that Crime No.228 of 2024 was registered the reported lodged by one Madhuri against the defacto complainant of the present crime, and Crime No.234 of 2024 was registered by the mother-in-law of the defacto complainant against all the petitioners herein under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short ‘the SC & ST (POA) Act’).

7. Considering facts and circumstances of the case, the gravity and nature of the allegations leveled against the petitioner No.1/accused No.2, this Court is inclined to grant pre-arrest bail to the petitioner No.1/accused No.2.

8. In the result, the Criminal Petition is partly allowed by granting pre- arrest bail to Petitioner No.1/Accused No.2, while the pre-arrest bail petition in respect of Petitioner Nos.2 and 3/Accused Nos.3 and 4 is dismissed as withdrawn, subject to the following stringent conditions:

                  i. In the event of arrest of the petitioner No.1/accused No.2, she shall be enlarged on bail subject to she executing bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials;

                  ii. The petitioner No.1/accused No.2 shall make herself available for investigation and appear before the Station House Officer as and when required;

                  iii. The petitioner No.1/accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses;

                  iv. The petitioner No.1/accused No.2 shall not leave the limits of Andhra Pradesh State without the express permission from the Station House Officer concerned.

                  v. The petitioner No.1/accused No.2 shall surrender her passport, if any, to the investigating officer. If she claim that she do not have a passport, she shall submit an affidavit to that effect to the Investigating Officer.