PAMULA PRAKASH KUMAR vs THE STATE OF ANDHRA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(AP) 19061

HIGH COURT OF ANDHRA PRADESH MONDAY ,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 5203 OF 2024 Between:
1. PAMULA PRAKASH KUMAR (shown as Prakash Pamula in FIR)
S/o Gnanaprakashrao, Aged about 47 Years, R/o 1-50/1, Malapalli, Nizampatnam, Bapatla District.
2. Neela Sirisha, W/o Pamula Prakash Kumar, Aged about 46 Years, R/o 1-50/1, Malapalli, Nizampatnam, Bapatla District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH S.H.O, Nizampatnam P.S, Bapatla District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.
...RESPONDENTS Counsel for the Petitioner(s): SASANKA BHUVANAGIRI Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following: ORDER THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 5203 of 2024

Order:

This Criminal Petition under Section 482 of BNSS, is filed seeking to grant anticipatory bail to the petitioners herein/accused Nos.1 and 2 pertaining to Crime No.76 of 2024 of Nizampatnam Police Station, Bapatla District, registered for the offence punishable under Sections 420 and 409 IPC and Section 156(3) Cr.P.C.

2. Heard Sri Sasanka Bhuvanagiri, learned counsel for the petitioners and learned Assistant Public Prosecutor for the Respondent-State.

3. On hearing learned counsel on both sides and on perusal of the record, it is seen that the petitioners are spouses to each other. Grievance against them is raised by the mother of 1^st petitioner who is her son. Her information to police did not yield result forcing her to move Magistrate where she lodged a complaint and the same was forwarded and registered as Crime No.76 of 2024 on 02.05.2024.

4. The facts are that the victim/defacto complainant is a retired employee and receiving her pension. The allegations against her son are that he using her algiemer decease the son had obtained her signatures and got the papers filed in the bank and without her permission he has been drawing amounts from her accounts. Details of the method by which such withdrawals are made can be seen in the complaint. The allegations against A2 are that it was on her support A1 was doing all this. By the present petition, both the petitioners herein seek pre-arrest bail.

5. The submission of the learned counsel for the petitioners is right with reference to Section 409 IPC, since the petitioners are not public servants as described in Section 409 IPC. However, the other contention is drawing of money from the account of mother without her consent.

6. Considering the nature of offence alleged, any custodial interrogation does not seem necessary. Hence, prayer is granted.

7. In the result, the criminal petition is allowed with the following conditions:

i. In the event of arrest of the petitioners herein, they shall be enlarged on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the concerned arresting/ Investigating Officer.

ii. After release, the petitioners shall appear before the Station House Officer concerned, on every Sunday between 10.00am to

01.00pm for a period of three (3) months.

iii. The petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.

iv. The petitioners are refrained from accessing the bank account of victim/defacto complainant during pendency of the investigation.

Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

_______________________________ JUSTICE DR. V.R.K.KRUPA SAGAR Date: 09.12.2024 ASR THE HON’BLE SRI JUSTICE DR. V.R.K.KRUPA SAGAR CRIMINAL PETITION No.5203 OF 2024 Dated 09.12.2024 ASR

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