KONIDALA PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Criminal Petition has been filed under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by the petitioners/A1, A3 to A5 for granting of anticipatory bail in connection with Crime No.21 of 2025 on the file of Kavali II Town Police Station, SPSR Nellore District, registered for the offences punishable under Ss. 329(4), 308(2), 338, 341(2) r/w 3(5) BNS.

(2.) It is the case of the prosecution that, on 4/3/2025 the accused trespassed into Flat No.5C of Sri Venkateswara Towers Apartments, Janathapeta North of Kavali town. It is further case of the prosecution that, A1 created possessory agreement of sale dtd. 9/8/2016 in favour of A2, in respect of Flat No.5C of the said apartment. Admittedly, suit vide OS No.214 of 2017, on the file of V Additional District Judge Court, Nellore, is pending adjudication between the petitioners and the de facto complainant.

(3.) On the other hand, the learned counsel for the petitioners would submit that the petitioners did not involve in the alleged crime and they were falsely implicated by de facto complainant. They did not commit any offence as alleged. He would further submit that, even on reading of the contents of the complaint it would reflect that, the lis between the parties is civil in nature. He would further submit that, A2 filed a criminal petition vide CRLP No.4486 of 2025 before this Court and the same is allowed by order dtd. 23/6/2025. Copy of the said order is placed before this Court.