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2025 Supreme(AP) 768

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY, J.
Pamidikalva Madhusudhan S/o Chenchu Subbaiah (Late) – Appellant 
Versus
The State Of Andhra Pradesh, Rep., by its Public Prosecutor Police Department, High Court of Andhra Pradesh – Respondent 
Criminal Petition No : 5996 of 2025
Decided On : 07-07-2025

Advocates:
Advocate Appeared:
For the Appellant : Umesh Chandra P.V.G.
For the Respondent: Public Prosecutor

The court grants bail based on the review of procedural violations and the health condition of the accused, emphasizing the need for due consideration of all circumstances surrounding bail applications.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 and 483 - Indian Penal Code, 1860 - Sections 409, 420, 477A, 120B read with 34 - Criminal petition for bail filed by the accused in connection with fraud related to evaluation process of Group-I Mains examination. (Paras 1, 6)

(B) Criminal Procedure - Grant of bail - Court emphasized on nature of accusations, severity of punishment, reasonable apprehension of tampering with evidence, and necessity of evaluating changes in circumstances since earlier bail denial. (Paras 12, 20)

Facts of the case:
The accused operated as an agency tasked with manual evaluation of answer scripts but allegedly deviated from proper evaluation norms and engaged unqualified personnel, leading to fraudulent results and significant financial loss to the government. (Paras 1, 3)

Findings of Court:
The Court, after considering the medical condition of the accused and absence of any criminal history, granted bail with conditions ensuring cooperation with ongoing investigations. (Paras 19, 20)

Issues: The key issues included the legitimacy of the procedures followed in the evaluation of answer scripts, the responsibilities of the accused as a private agency in the evaluation process, and the appropriateness of bail in light of health concerns.

Ratio Decidendi: The court determined the accused was not the decision-maker in evaluation processes and found sufficient grounds for bail due to his deteriorating health condition, along with no pending investigations against him. (Paras 20)

Result: Criminal petition allowed, bail granted under specific conditions.

Table of Content
1. procedural details of selection process. (Para 2)
2. allegations against accused of fraud. (Para 3)
3. defence arguments by accused's counsel. (Para 4 , 5)
4. prosecution's stance on irregularities. (Para 6 , 7)
5. judicial scrutiny of evidence. (Para 8 , 9 , 10 , 11)
6. bail granted with conditions. (Para 19 , 20 , 21)

ORDER :

K. SREENIVASA REDDY, J.

This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS ’) has been filed on behalf of the petitioner/accused No.2 to grant regular bail to the petitioner/accused No.2 in Crime No.56 of 2025 of Suryaraopet Police Station, Vijayawada city, registered for the offences punishable under Sections 409 , 420, 477A, 120B read with 34 of the INDIAN PENAL CODE , 1860 (for brevity ‘IPC’).

2. The detailed case facts that are emanated from out of the investigation conducted by the Secretary, Andhra Pradesh Public Service Commission, Vijayawada (hereinafter referred to, as ‘APPSC’) are as follows:

(a) The APPSC issued a Notification for filling up of 169 posts in various Group-I Services vide Notification No.27/2018, dated 31.12.2018 and the selection process comprises preliminary examination, main/written examination and oral test/interview. In total, 1,14,473 candidates applied pursuant to the said Notification and preliminary examination was conducted on 26.05.2019, and 59,200 candidates appeared for the preliminary examination. Results of the preliminary examination were announced on 01.11.2019, wherein 8,351 candidates were declared qualified for Mains examination. Later, pursuant to the Orders of this Court, dated 22.10.2020, the list was revised and results were declared on 29.10.2020, in which, 9,679 candidates were declared as qualified for Mains examination.

(b) The Mains examination was scheduled to be held from 14.12.2020 to 20.12.2020; that out of 9679 candidates, 6807 candidates appeared for Mains examination. On 28.10.2020, the Commission, due to Covid Pandemic effect, gave consent for Digital Evaluation of answer scripts (total 07 papers) and Camps were conducted from January, 2021 to April, 2021 and in total, 162 Subject Experts were involved in the said evaluation process, for which, a total sum of Rs.1,38,33,098/- was spent for Digital Evaluation through Cheque No.776644, dated 28.04.2021 drawn in favour of Stone Media Advisors; that the Digital Evaluation was declared on 28.04.2021.

(c) Aggrieved by the Digital Evaluation method, which was not mentioned in the Notification, some of the non-selected candidates filed Writ Petition No.11000 of 2021 and batch cases before this Court, and this Court, vide Order in I.A.No.1 of 2021 in Writ Petition No.11000 of 2021, dated 16.06.2021, granted interim stay on the results that was declared on 28.04.2021. This Court, vide Order, dated 01.10.2021, passed final orders in I.A.No.1 of 2021 in Writ Petition No.11000 of 2021 directing the Commission to evaluate the papers (07) manually and in conventional mode and to complete the exercise within three (03) months.

(d) The In-charge Chairman of APPSC, upon assuming charge, discussed the issue with the Members and decided to go for Manual Evaluation in consonance with the Orders of this Court, dated 01.10.2021 and accordingly, pre-evaluation preparatory work arrangements took place and answer scripts were shifted to Haailand Resorts for further evaluation process.

(e) That an evaluation camp was scheduled from 06.12.2021 at Haailand Resorts and the Superintendent of Police, Guntur was requested to provide a closed vehicle with police escort to transport the answer papers from the Commission’s office to the evaluation camp on 05.12.2021 vide Letter No.374/Confdl.C/2019, dated 03.12.2021. Total, 48,442 answer scripts were handed over to the Camp Officers without disturbing the bundles, which were already bundled at 50 scripts in each for digital evaluation; that the Bundle Control Slips (one for each bundle) are supplied for Manu

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