ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Katta Suresh Babu - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 3956 of 2021
Decided On : 23-07-2021
Bail - Criminal Procedure - The court granted bail to the accused under Sections 420 and 409 of the Indian Penal Code, 1860, considering the completion of the investigation and filing of the charge sheet.
Fact of the Case:
The petitioner, accused of unethical practices while working as Assistant Manager at a bank, sought bail after being arrested and remanded to judicial custody.
Finding of the Court:
The court, after considering the completion of the investigation and filing of the charge sheet, deemed it appropriate to grant bail to the petitioner.
Issues: The main issue was the petitioner's alleged involvement in unethical practices and misuse of his official position.
Ratio Decidendi: The court's decision was influenced by the completion of the investigation and filing of the charge sheet, indicating that the case had progressed to a stage where bail could be granted.
Final Decision: The Criminal Petition was allowed, and the petitioner/accused was granted bail upon executing a personal bond and providing sureties.
JUDGMENT
Lalitha Kanneganti, J. - This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking regular bail to the petitioner/Accused in connection with Crime No.264 of 2021 of Addanki Police Station, Prakasam District, registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code, 1860 (for short "IPC").
2. A complaint is lodged by the de facto complainant, stating that the petitioner while working as Assistant Manager, Punjab National bank at Sankavarapadu Branch has indulged in certain unethical practices i.e. the gold ornaments deposited / pledged by the customers for obtaining gold loans were later replaced with spurious/rold gold items and the originals were pledged at some other banks by the accused for procurement of loans and for his personal gain, cheated the customers as well as the bank by abuse of his official position and mis-utilized jewellery pledged as security. However, after coming into light the said alleged misdeeds, and on the intervention of other bank officials, the accused got released the original gold ornaments from Mannappuram Finance and again replaced the same with the bank. Basing on the said report, the present crime was registered. Petitioner was arrested and remanded to judicial custody on 03.07.2021.
3. Heard Sri S.Dilip Jaya Ram, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that petitioner is innocent of the alleged offence and there is no semblance of material to connect the petitioner with any of the alleged offences. Petitioner is working as a clerk in Oriental Commercial Bank in different places and he was never entrusted with any gold ornaments and if at all the allegation is accepted, the gold lockers can only be opened with two separate keys which are in possession of different officers of the bank. He further submits that he was affected with Covid-19 positive in the month of June, 2021 and took treatment till 07.06.2021. Further he is aged about 36 years and he is suffering from old aged ailments and from 03.07.2021 he is in jail. Hence, his case may be considered.
5. On the other hand, learned Assistant Public Prosecutor submits that entire investigation is completed and charge sheet is also filed.
6. Taking into consideration the fact that entire investigation is completed and charge sheet is filed, this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/Accused shall be enlarged on bail in Crime No.264 of 2021 of Addanki Police Station, Prakasam District on his executing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Additional Junior Civil Judge, Addanki, Prakasam District.
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