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IN THE COURT OF THE HON'BLE PRINCIPAL DISTRICT JUDGE

EAST GODAVARI DISTRICT AT RAJAHMUNDRY
(In the Court of the Hon' ble 12th Addl. District Judge, Pithpauram)
Crlmp. /2018
in
Crime No. 178 /2018 of U.Kothapalli P.S.

Between:
1. Chelluri Veera Yesu Subbirama Reddy s/o Neeladri
age 45 yrs, Cultivation, Ramanakkapeta, U.Kothapalli Mandal

2. Chelluri Neeladri s/o Apparao, age 75 yrs, Cultivation,

Ramanakkapeta, U.Kothapalli Mandal . . . Petitioners/Accused

and
State Reptd. by SHO, U.Kothapalli P.S.. . . Respondent/Complainant

ANTICIPATORY BAIL APPLICATION FILED U/S 438 CRPC ONBEHALF OF

THE PETITIONERS

1. The petitioners are permanent residents of Ramanakkapeta Village and

the petitioners are law-abiding citizen and they did not commit any offence.

2. The S.H.O. U.Kothapalli registered a crime under Sections 447,427, 379

read with section 34 of IPC falsely alleging that the petitioners committed above
offences.

3. The true facts are as following: The allegations in the complaint registered
as FIR by the respondent are rooted to a civil dispute relating to the title and
possession of Ac.1.50cts. of wet land in Survey No.383 of Ramanakkapeta
Village in U.Kothapalli Mandal within the jurisdiction of this Hon'ble Court, which
is owned and possessed by one Chelluri Neeladri s/o Apparao aged 73
yrs,resident of Ramanakkapeta village who is no other than the father of the
present 1st petitioner/1st accused, as well as the maternal grandfather of the
defacto complainant. Mr.Penumally Mohan Reddy s/o Subbireddy resident of
Ramanakkapeta. While the said Ac.1.50cts. is under the cultivation with
possession of the above said Chelluri Neeladri, his daughter as well as the
mother of the defacto complainant by name Penumallu Venkata Satyanarayana
Apparao Trinathabhulakshmi w/o Subhbireddy resident of Ramanakkapeta
Village advanced a false claim of title and possession over the above said land,
against her own father.

4 .Thereupon the above said Chelluri Neeladri (The father of the present
petitioner) filed O.S.No.207/2015 on the file of the Senior Civil Judge's Court,
Pithapuram against the above said Penumallu Venkata Satyanarayana Apparao
Trinadha Bhulakshmi (the mother of defacto complainant) which was decreed on
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merits under the judgement dt.24/11/2017, basing on the clear admission of

Penumallu Venkata Suryanrayana Apparao Trinath Bhulakshmi (mother of the
defacto complainant) that the disputed land is being cultivated by her father
Chelluri Neeladri only(the father of the present petitioner). Basing on the clear
admissions of the mother of the defacto complainant only the Honourable Senior
Civil Judge has arrived at the categorical finding that the mother of the defacto
complainant has no title or possession over the disputed land of Ac.1.50cts. in
survey No.383 of Ramaakkapeta Village. The certified copy of the said
judgement is herewith enclosed. Previously also the respondent/complainant
registred Crlmp No.182/2017 with regard to the same land on the false complaint
given by the defacto complainants herein. With regard to the said FIR this
Hon'ble Court as granted anticipatory bail U/s 436 Crpc for their protection
against unwarranted arrest.

5. Again the respondent/complainant registered another FIR in Crime

No.64/2018 with regard to the same land on the basis of the false complaint
given by the henchmen of the present defacto complainant. And thereupon the
petitioners approached the Hon'ble High Court WP No.16374/2018 in which the
Hon'ble HIgh Court of Andhra Pradesh has issued a specific direction to the
respondents therein including the circle inspector of police Pithapuram and the
SHO U.Kothapalli police station,that they shall not interfere with the civil dispute
relating to the possession and enjoyment over the property of an extent of Ac.1-
50cts in S.No.388 of Ramanakkapeta Village in U.Kothapalli mandal. The copy
of the said order is herewith filed. In spite of such specific direction of the
Hon'ble High Court in gross violation of the said orders the respondent herein are
again registered a false case under this crime No on the basis of false complaint
given by the defacto complainant.

In fact even the allegations of the report (on the basis of which the present
crime is registered) do not disclose any incriminating acts on the part of the
petitioners at all. The substantial delay in lodging the report and sending the FIR
to the JFCM Pithapuram do clearly reveal the fabrication of false case against
the petitioners.

6. Even after registered the above crime under the FIR No 178 /2018 the
respondent did not care to issue the statutory notice stipulated under section
41(A) of the Cr.P.C. But instead the respondent is sending mufti constables to
the petitioner coercing him to give up the disputed land to the family of the
defacto complainant failing which the petitioners will be arrested and handcuffed
to be exposed to the public at Ramanakkapeta Village at which contingency, the
petitioners will suffer suicidal deformation in the eye of public for no fault of theirs.
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7. The petitioners are not guilty and they have no previous history of criminal
record. Even after the full fledged trial of the above crime there is no possibility
for the conviction of petitioners in view of the enclosed judgement. In the light of
the undisputed fact and also basing on the allegations of the complaint there is
no scope for further investigation or any scope that the petitioners might
interefere with any such investigation.

In the light of the undisputable fact that the petitionrs are the permanent
residents of Ramanakkapeta village, there is no possibility of the petitioners
evading or avoiding the legal process or fair trial of the Hon'ble Court.

In fact the petitioners have not committed any offence and the petitioners
have been falsely implicated in the above case. The petitioners are commending
good respect in the society, if they are arrested their reputtaion will be spoiled.

The petitioners submit they are the only brad earners for their family. The
petitioners are having sufficient sureties to the satisfction of the Hon'bleCourt.

The petitioners undertake to appear before the Hon'ble Court on each and
every adjournment.

Hence in the interests of justice, the petitioners prays that Hon'ble Court
may be pleased to grant anticipatory bail on such terms and conditions as the
Hon'bleCourt deems fit and proper in the circumstances of the case and
otherwise the petitioiners will be put to serious and irreparable loss.

Pithapuram, Be pleased to consider,

Advocate for Petitioners/Accused.