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2025 Supreme(Online)(AP) 13129

HIGH COURT OF ANDHRA PRADESH
Y. LAKSHMANA RAO, J
Veeranki Sriramulu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No: 7733 of 2025



Advocates:
For the Appellants/Petitioners: K.V.S.S.PRABHAKARA RAO
For the Respondents: PUBLIC PROSECUTOR

The court denied anticipatory bail due to the serious nature of allegations involving fraud and potential re-offending.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Criminal petition for anticipatory bail in connection with serious accusations of fraud and breach of trust - The court emphasized the gravity of allegations against the petitioner, leading to the dismissal of bail. (Paras 1-9)

(B) Bail Principles - The court clarified that pre-arrest bail would be denied when the allegations are serious, and there is potential for repeated offences if granted. (Paras 3-4)

Facts of the case:
The petitioner, accused of misusing his position within IFL Green Producer Company, alleges misappropriation of funds exceeding Rs.7 Crores from farmers and forming a rival company misleadingly, prompting a bail request.

Findings of Court:
The court found the allegations, including fraud and abuse of position, serious enough not to grant anticipatory bail.

Issues: The court addressed whether the severity of the allegations warranted denial of pre-arrest bail.

Ratio Decidendi: The court ruled that given the serious nature of the accusations and ongoing investigations, it was not appropriate to grant anticipatory bail.

Result: Criminal petition dismissed allowing the accused to surrender for bail application consideration.

Table of Content
1. petition filed for anticipatory bail connected to serious criminal allegations. (Para 1 , 2)
2. arguments presented for and against pre-arrest bail. (Para 3 , 4)
3. court observations regarding the gravity of allegations and ongoing investigation. (Para 5 , 6 , 7)

The Criminal Petition has been filed under Section

482 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’) by the petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.212 of 2025 of Jangareddygudem Police Station, Eluru District, registered for the alleged offences punishable under Sections

318(4), 316(4) 338

336(3), 340(2), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. The case of the prosecution is that in between 01.05.2024 and

24.06.2025, at Jangareddygudem, the complainant, Bommagani Bala Krishna, founder of IFL Green Producer Company Limited registered

15.06.2021, alleged that accused Veeranki Sriramulu. Vankayala Satheesh and Mandapaka Vinod Kumar misused their positions to damage the company.

Initially, only Bala Krishna and Arepalli Naresh had cheque authority, but in May 2024, Sriramulu was granted HDFC Bank cheque powers.

In November

2024, he received Rs.27 Lakhs for paddy procurement returned only Rs.13.11 Lakhs, and kept Rs. 13.89 Lakhs. The accused later formed a rival entity, Inakula Farmers Life (IFL) Producer Company Limited, without resigning from the original company, and misled members issuing receipts and certificates under the new name, enrolling fake or illiterate members, collecting deposits, issuing forged participation certificates, and diverting funds. Complaints revealed deliberate misuse of the original company’s name, reputation, and membership base. On 07.02.2025, they also threatened the complainant when confronted. The complainant seeks legal action for fraud, cheating, criminal breach of trust, and damage to the company’s reputation.

The complainant suspects that this person may have taken him away. Hence, a case was registered.

3. Sri K.V.S.S.Prabhakara Rao, learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is the sole breadwinner of their family; he is ready to abide any conditions to be imposed by this Court; and urged to grant pre-arrest bail to the petitioner/Accused No.1.

4. Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioner is granted pre-arrest bail, he will repeat the same offence, and it is urged to dismiss the bail petition.

5. Perused the record.

6. As seen from the remand report, it is alleged that the petitioner earlier being one of the Directors of IFL Green Producer Company Limited, later came out from the company and continued his business v/ith the name of the same company and collected amounts from the farmers.

7. As seen from the averments of the FIR, there is an amount of Rs.27 Lakhs petitioner has allegedly taken away from the farmers. Whereas the learned Assistant Public Prosecutor submits that investigation is in progress.

IT and so far, Rs.7 Crores have been taken away by the petitioner from the farmers and urged to dismiss the same.

8. Considering, the nature and gravity of allegation levelled against the petitioner, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application for his release before the learned Jurisdictional Court concerned.

9. In the result, the Criminal Petition is dismissed granting liberty to the petitioner/Accused No.1 to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application before the learned Jurisdictional Court for enlarging him

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