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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Bhogadi Naga Deepika, D/O. Late Siva Ramakrishna – Appellant
Versus
State Of Andhra Pradesh, Rep. by its Public Prosecutor,through SHO Nagayalanka PSHigh Court of Andhra Pradesh at Amaravathi – Respondent
| Table of Content |
|---|
| 1. bail application details and allegations. (Para 1 , 2 , 3) |
| 2. court's consideration for bail. (Para 4 , 10) |
| 3. legal distinction between cheating and breach of trust. (Para 6 , 7 , 8) |
| 4. conditions of bail granted. (Para 9 , 11 , 12) |
ORDER :
Y. LAKSHMANA RAO, J.
1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’), seeking to enlarge the Petitioner/Accused No.4 on bail in Crime No.103 of 2025 of Nagayalanka Police Station, Krishna District, registered against the Petitioner/Accused No.4 herein for the offence punishable under Sections 409 and 420 read with 34 of the INDIAN PENAL CODE , 1860 (for brevity ‘the IPC’).
2. The learned counsel for the petitioner submits that the petitioner is innocent. She was falsely implicated in this case. She is a law-abiding citizen. She has not committed any offence. She has got fixed abode. She would abide by any condition which this Court deems fit to enlarge her on bail, and it is urged to allow the petition.
3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that a total amount of Rs.59.17 lakhs was swindled by all
Both cheating and criminal breach of trust cannot coexist under the same factual scenario due to their distinct legal requirements.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
Essential elements for criminal breach of trust include entrustment and dishonest intention; mere breach of contract does not establish criminal culpability.
Criminal breach of trust and cheating are distinct offences that cannot co-exist under the same factual circumstances, necessitating compliance with procedural law during investigations.
Allegations of non-payment do not constitute criminal offences unless there's evidence of dishonest intention or property entrustment.
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