ORDER:

Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the BNSS by the Petitioner Nos.1 to 8/Accused Nos.1 to 3 and 5 to 9 for granting of pre-arrest bail in connection with a case in FIR No.20 of 2024 of CID Police Station, Mangalagiri, registered for the alleged offences punishable under Sections 420, 409 and 120(B) read with 34 of the Indian Penal Code, 1860, the IPC and Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, the A.P Depositors Act

2. Heard the learned counsel for the petitioners, learned counsel for the 2^nd respondent and the learned Assistant Public Prosecutor. Perused the record.

3. Sri Posani Venkateswarlu, the learned Senior Counsel appearing for Sri P. Sai Surya Teja, learned counsel for the Petitioners submits that the Petitioners have been falsely implicated in the present case and have not committed any offence as alleged. The Petitioners are the sole earning members of their families, and their arrest would cause irreparable hardship to their dependents. The Petitioners are willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. The Petitioners have got fixed abode.

4. It is further submitted that there is no recovery attributable to the Petitioners and custodial interrogation is not warranted in the facts and circumstances of the case. The Petitioners have cooperated with the investigation and there is no likelihood of absconding or tampering with the prosecution evidence. Accused No.5 is the daughter of Accused Nos.3 and 4 and she is aged about 25 years. Accused No.7 is not at all connected with the affairs of the society and its institutions; he is only the son of Accused No.6, who is aged about 75 years, though Accused No.6 is a member of the institution. A notice under Section 41-A of ‘the Cr.P.C.,’ was issued to Accused No.3 by the Deputy Superintendent of Police, CID, on 16.12.2024, and the said procedure was never questioned by the 2^nd respondent. Accused Nos.8 and 9 are only members of the society. The crime pertains to the year 2024, and no charge sheet has been filed to date. The petitioners have been complying with the conditions of the notice for a long time.

5. Sri Posani Venkateswarlu, the learned Senior Counsel further submits that the de-facto complainant is also a member of society and an executive member of the governing body. Section 409 of ‘the I.P.C.,’ is not applicable. Except Section 5 of ‘the A.P Depositors Act.,’ the remaining offences are punishable with imprisonment below seven years. At the request of the brother of the de-facto complainant, he contributed only Rs.1,00,000/-, whereas another de-facto complainant contributed only Rs.10,00,000/-.

6. There are altogether four crimes, three registered in the State of Telangana and one in the State of Andhra Pradesh. The disputed amount is Rs.5 crores. The provisions of Section 23 of the Societies Act, 2001, 4the Societies Act are squarely applicable. Therefore, if any dispute exists between the members of the society, they have to approach the competent District Judge for appropriate redressal through civil law remedies. Section 20(A) of Andhra Pradesh Education Act, 1982, 5the AP Education Act says that on and from the commencement of the Andhra Pradesh EducationAct, 1987 no individual shall establish a private institution: Provided that this section shall not have any effect on any private institution established by an individual and recognised by the competent authority prior to such commencement.

7. There are also certain provisions under the Trust Act which provide appropriate relief. Section 5 of ‘the A.P. Depositors Act.,’ is not applicable to the case on hand. No purpose would be served by custodial interrogation, as everything is borne out from the record. In the present crime, it is undenied that when some of the petitioners were first arrested and produced, the Special Court declined to reman