Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pre-aresst/ anticipatory bail - registered for the offences punishable under Sections 329(3), 331(1), 351(2), 318(4), 336(2), 338, 339, 340(2), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 - since the disputes arose from family disputes - since all are punishable below 7 years, pre-arrest bail granted with some conditions.- AP High Court.

advocatemmmohan

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pre-aresst/ anticipatory bail - registered for the offences punishable under Sections 329(3), 331(1), 351(2), 318(4), 336(2), 338, 339, 340(2), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 - since the disputes arose from family disputes - since all are punishable below 7 years,  pre-arrest bail granted with some conditions.- AP High Court.

Facts of the case : 

prior to 05.03.2026, the parents of

the de facto complainant purchased a house site measuring 233.3 square

yards in R.S. No. 85/5, Plot No. 24 at Vanguru Village in 2009, in her name,

and she along with her husband constructed a house thereon and have been

residing in it; in August 2024, she executed a registered gift deed in favour of

her parents considering their old age, and since then they have been residing

together in the said house; it is alleged that after his marriage, her son, acting

under the influence of his wife and her parents, began harassing the

complainant and her husband, and on 25.06.2025, the accused along with 

4

their associates forcibly entered the house, attempted to dispossess them and

illegally occupy the property, and further produced a forged agreement dated

01.02.2025 claiming that the complainant and her husband had agreed to sell

the house and certain agricultural lands, and issued a legal notice seeking

registration of the property in favour of her son, though the complainant

asserts that she never executed any such agreement and that the signatures

therein are forged.

AP High Court held that 

the dispute appears to have arose out of family and property issues. Having

regard to the nature of the dispute, the relationship between the parties, and

the fact that most of the offences alleged are punishable with imprisonment of

less than seven years, this Court is inclined to grant pre-arrest bail to the

petitioners/accused Nos. 1 to 6 on the following stringent conditions;

i. The petitioners/Accused Nos.1 to 6, shall appear before the

concerned Magistrate Court within a period of one (1) week

from the date of this order and shall furnish personal bonds

for Rs.20,000/- (Rupees twenty thousand only) each with two 

6

sureties for a like sum each to the satisfaction of the said

Court;

ii. On release, the petitioner No.1/Accused No.1, shall appear

before the Station House Officer concerned, once in a week

i.e., on every Sunday, between 10:00 AM and 05:00 PM, till

filing of charge sheet.

iii. The petitioners/Accused Nos.1 to 6, shall make themselves

available for investigation as and when required and shall

cooperate with the Investigating Officer for further

investigation.

iv. The petitioners/Accused Nos.1 to 6, shall not cause any

threat, inducement or promise to the prosecution witnesses;

v. The petitioners/Accused Nos.1 to 6, shall surrender their

passports, if any, to the Court concerned. If they claim that

they do not have passports, they shall submit an affidavit to

that effect to the Court concerned.

vi. The petitioners/Accused Nos.1 to 6, shall not leave the

country, without express permission from the concerned

Court.

vii. The petitioners/Accused Nos. 1 to 6 shall not, directly or

indirectly, disturb, harass, or threaten the complainant or any

member of her family in any manner.

7. In the event of violation of any of the above conditions, the prosecution

is at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for

the purpose of deciding the bail application and they shall not be construed as

opinion on the merits of the case.