Allegations of criminal breach of trust against public servants require clear establishment of legal elements; both cheating and breach of trust cannot coexist under the same circumstances.

ORDER :

KIRANMAYEE MANDAVA J.

1. These Criminal Petitions are filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) r/w. 480 & 483 of BNSS , 2023, to enlarge the petitioners on regular bail in the event of their arrest in connection with Crime No.56 of 2025, Suryaraopeta Police Station, NTR District.

2. Though separate applications have been filed for grant of bail by both the accused, A-1 & A-2, this Court having regard to the fact that the issue involved is common, deems it appropriate to dispose of both the criminal petitions by way of a common order.

3. The petitioners are arrayed as accused, A-1 & A-2 in FIR No.56 of 2025.

4. The brief facts of the case are that based on a complaint made by Sri P. Raja Babu, IAS against the petitioner and A-2, the subject crime was registered. The allegations are that the petitioner A-1, in Crl.P. No.5701 of 2025, while functioning as Secretary of the A.P. Public Service Commission (for short APPSC), during the relevant period, entrusted evaluation of the Answer Scripts to a private entity, represented by A-2. Thus an investigation was sought into the issue as to what exactly M/s. Camsign Media Private Limited, under the instructions of A-1.

5. It is contended that APPSC in 2018 issued a notification for Group-I to fill up 169 vacancies. The preliminary examination was conducted on 26-05-2019. On 01-11-2019, preliminary examination results were announced, and 9679 candidates qualified for the main examination. The main examination was conducted from 14-12-2020 and 20-12-2020. Upon conclusion of the main Examination the APPSC proposed for digital evaluation of answer scripts, based on the same, results were announced. Unsuccessful candidates challenging digital valuation approached this Court by way of a Writ Petition in W.P.No.10805 of 2021. The Writ Petition was allowed, setting aside the digital evaluation directing for conducting of manual evaluation. 6. In furtherance of the same, the petitioner A-1 (Crl.P. No.5701 of 2025, A-1) acting in his capacity as Secretary of the Commission, has taken a decision to shift all the answer scripts to a private building located within the premises of Haailand Resorts, Mangalgiri. And entrusted manual evaluation of the answer scripts to a private entity viz., Camsign Media Private Limited, (for short „M/s.Camsign‟) represented by the Accused No. 2 in the subject crime. The said entity submitted its quotation. approving the quote offered by Camsign, the APPSC issued work order to Camsign. In pursuance thereof the answer scripts were shifted to Haailand in December 2021, they were kept at the same place till February, 2022. It is further alleged that A-1 has issued a press statements stating that manual evaluation of answer scripts is in the final stages and the results would be released in February-2022. M/s.Camsign was paid a sum of Rs.1,14,32,312/- for the services said to have been rendered by it.

7. Thereafter, upon posting of a regular incumbent as Secretary of the APPSC, the answer scripts were got back from Haailand and were kept at the APPSC office. And evaluation was conducted at the said premises, R&B building(s) and at the government colleges buildings after printing OMR Sheets afresh, under CCTV surveillance. Results were accordingly declared, and after conducting interviews, postings were also issued.

8. The present Secretary of the Commission vide his letter dated 22-04-2025 to the Principal Secretary, Government (Ser.&.HRM) (FAC), GAD, complained that an in-depth investigation is required into the affairs of the M/s. Camsig