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2021 Supreme(AP) 304

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D. RAMESH, J.
Yelisetty Sowjanya, W/o. Srinivasa Rao - Petitioner
Versus
The State of Andhra Pradesh - Respondent
Criminal Petition No. 5944 of 2021
Decided On : 03-11-2021

Advocates Appeared:
For the Petitioner: Venkata Rama Rao Kota.
For the Respondent: Public Prosecutor AP.

Point of Law: Petitioner in collusion with A1, is actively involved in the commission of offence and as the investigation is pending, petitioner is not entitled for pre-arrest bail at this stage.

Headnote:

Indian Penal Code, 1860 - Sections 380, 409, 420 read with 34 - Code of the Criminal Procedure, 1973 - Section 438 - Offence of Theft in dwelling house - Cheating - Seeking pre arrest bail - It was stated that 19 persons who are having gold loan accounts in Central Bank of India, branch availed loan amount in different transactions - They individually approached to Central Bank of India at branch and got sanctioned gold loans against pledge of gold ornaments, which were subsequently found out to be spurious ornaments - Officials had noticed that all loans availed by borrowers are appraised by A1 who is working as gold loan appraiser since and said gold ornaments after appraisal by A1 were put in bags and sealed in presence of borrowers, appraiser and staff.

Finding of the Court:

As it is case of petitioner that she has not worked in that branch during relevant time and she handed over detailed charge along with gold loan bags to the Head Assistant Manager of Kunchapalli Branch after her transfer, Court deems it appropriate to grant pre-arrest bail to the petitioner - Petitioner/A-4 shall be released on bail in event of her arrest in connection with Crime No. of Thulluru Police Station, District, on her executing self bond (Rupees twenty thousand only) with two sureties for a like-sum each to satisfaction of Station House Officer, Thulluru Police Station, Guntur District.

Result: Criminal Petition is allowed.

ORDER :

1. This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking pre arrest bail to the petitioner/Accused-4 in the event of her arrest in connection with Crime No. 287 of 2021 of the Station House Officer, Thulluru Police Station, Guntur District, registered for the offences punishable under Sections 380, 409, 420 read with 34 IPC.

2. A report was lodged by the complainant namely Pritam Lal Gangwani S/o Balak Ram Gangwani, Regional Manager of Central Bank of India, Regional Office, Laxmipuram, Guntur, wherein it was stated that 19 persons who are having gold loan accounts in Central Bank of India, Mandadam branch availed loan amount of Rs. 16,26,851/- in different transactions. They individually approached to Central Bank of India at Mandadam branch, Thulluru Mandal, and got sanctioned gold loans against pledge of gold ornaments, which were subsequently found out to be spurious ornaments. The officials had noticed that all the loans availed by the borrowers are appraised by A1 who is working as gold loan appraiser since 2016 and the said gold ornaments after appraisal by A1 were put in bags and sealed in the presence of the borrowers, appraiser and staff. During the process of reappraising the gold ornaments on 19th and 21st August, 2021, found 24 bags are not containing pure gold ornaments and during the said period the present accused worked as Branch Manager. Basing on the same, present crime was registered and the petitioner is arrayed as A-4 who is the Branch Manager of the Central Branch Manager of the said branch at Mandadam.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent-State.

4. Learned counsel for the petitioner submits that petitioner is not at all working as branch manager during the relevant time and after her transfer from that branch on 31.10.2020, she handed over all the gold loan bags to the Head Assistant Manager of Kunchapalli Branch as per norms. Petitioner is a law abiding citizen. Hence, her case may be considered for grant of pre-arrest bail.

5. Learned Assistant Public Prosecutor submits that the petitioner in collusion with A1, is actively involved in the commission of offence and as the investigation is pending, petitioner is not entitled for pre-arrest bail at this stage.

6. As it is the case of the petitioner that she has not worked in that branch during the relevant time and she handed over detailed charge along with gold loan bags to the Head Assistant Manager of Kunchapalli Branch after her transfer, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

7. Accordingly, this Criminal Petition is allowed. The petitioner/A-4 shall be released on bail in the event of her arrest in connection with Crime No. 287 of 2021 of Thulluru Police Station, Guntur District, on her executing self bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties for a like-sum each to the satisfaction of the Station House Officer, Thulluru Police Station, Guntur District.

8. Consequently, miscellaneous applications pending, if any, shall stand closed.

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