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CDJ 2026 APHC 432 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 2226 of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Obuleswari Versus The State Of Andhra Pradesh, Through Sho, Tallupula Town Police Station, Rep. By Public Prosecutor At High Court For The State Of Andhra Pradesh & Another
Appearing Advocates : For the Petitioner: B. Abhay Siddhanth Mootha, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 23-03-2026
Head Note :-
Criminal Procedure Code - Sections 437/438/439/482 -
Judgment :-

(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to grant the Petitioner anticipatory bail in FIR No. 12 of 2026 dated 28.02.2026 pending on the file of Talupula Police Station, Sri Satya Sai District, and pass any order or orders as this Hon‟ble Court may deem fit in the interests of justice

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 pleased to grant the petitioners interim anticipatory bail in FIR No. 12 of 2026 dated 28.02.2026 pending on the file of Talupula Police Station, Sri Satya Sai District and to pass)

1. The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, „the BNSS‟), by the petitioner, who is Accused No.2 for granting of pre-arrest bail in connection with Crime No.12 of 2026 of Talupula Police Station, Sri Sathya Sai District, registered for the alleged offences punishable under Sections 318(4), 351(1), 332(a), 127 read with 3(5) of BNS.

2. Case of the prosecution is that the complainant on 28.02.2026 at 09.00 A.M., lodged report stating alleging that in February, 2021, the accused No.1 approached the complainant and induced them by stating that he could prepare and sell “Rice Pulling” copper vessels in the foreign market for huge profits. Believing his false promises, the complainant and his father paid money in installments from March, 2021 to December, 2022 through bank transfers and other methods to the accused Nos.1 and his wife accused No.2. In total, the accused Nos.1 and 2 collected Rs.71,07,000/-from the complainant and his father. The accused No.1 issued bank cheques towards repayment, but failed to return the money. Whenever demanded, he postponed the matter and later abused and threatened the complainant and his father with dire consequences. Due to continuous harassment and non- repayment of amount, the complainant‟s father suffered severe mental stress and died on 30.06.2025. Later, Accused No.1 along with his associates forcibly entered the house of complainant and threatened him with knifes. Subsequently, on 28.01.2026, when the complainant and his relatives went to the house of accused and demanded money, Accused No.1 along with accused No.2 and their associates wrongfully confined them inside the house and threatened them with knives.

3. Heard Sri B. Abhay Siddhanth Mootha, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record.

4. Learned counsel for the petitioner would submit that the petitioner is innocent and she is no way concerned with the alleged offences. There are civil disputes between both the parties and that the petitioner is falsely implicated in the present crime. The petitioner herein is Vice MPP of Talapula Mandal Prajaparishad. Except omnibus allegations there are no specific accusations attributed against the petitioner herein. The complainant and his associates itself entered into the house of the petitioner and threatened them. The petitioner also filed quash of FIR before this Court which is pending adjudication. Hence, the petitioner may be granted pre-arrest bail.

5. Per contra, learned Assistant Public Prosecutor vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and if the Petitioner is granted pre-arrest bail, there is a grave apprehension that she may not cooperate with the investigation and may evade the process of law. The prosecution also apprehends that the Petitioner may influence witnesses or tamper with evidence, thereby obstructing the fair and impartial investigation. In view of the seriousness of the allegations, it is prayed that the instant bail application be dismissed.

6. Upon careful consideration of the material placed on record, it is evident that the primary allegations are mainly directed against Accused No.1, who is alleged to have induced the complainant and his father by representing that he could prepare and sell “rice pulling” copper vessels in the foreign market for substantial profits. Believing such representations, the complainant and his father are stated to have paid amounts to Accused No.1 and his wife, Accused No.2. However, except for general and omnibus allegations, there are no specific overt acts attributed to the petitioner herein (Accused No.2), particularly with regard to the allegation that she, along with Accused No.1, trespassed into the house of the complainant and threatened them.

7. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled the Petitioner, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.2.

8. In the result, the Criminal Petition is allowed with the following conditions:

                  (i) The petitioner/Accused No.2 shall surrender before the learned concerned Jurisdictional Magistrate Court and shall execute a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties for the like sum each to the satisfaction of the said Court.

                  (ii) The petitioner shall make herself available for investigation as and when required and that she shall not cause any threat, inducement or promise to the prosecution witnesses.

                  (iii) The petitioner shall appear before the Station House Officer concerned, on every Sunday between 10.00 a.m. and 01.00 p.m. till filing of charge sheet.

                  (iv) The petitioner shall deposit her passport, if any, before the concerned Magistrate and shall not leave the country without permission from the Court. If no passport is available, she shall submit affidavit to that extent.

 
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