APHC010633612025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI [3521]

(Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12193/2025 Between:

1.KATRAGADDA NAGESHWAR RAO, S/O.LATE. OBAIAH,AGED ABOUT 71 YEARS, OCC. RETD. C.E.O, PACS LTD.R/O.DOPPALAPUDI VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT.

...PETITIONER/ACCUSED AND

1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court ofA.P.Amaravathi.

...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1.MD SALEEM Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR The Court made the following:

ORDER:

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.158 of 2025 of Ponnur Rural Police Station, Guntur District, registered for the alleged offence punishable under Sections 420, 409 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.,’) and Sections 79(1), 83(B)(c) of the Andhra Pradesh Co-operative Societies Act, 1964 (for brevity ‘theAct’).

2. Sri Md Saleem, learned Counsel for the Petitioner submits that the Petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The Petitioner is the sole earning member of his family, and his arrest would cause irreparable hardship to his dependents. The Petitioner is willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. The Petitioner has got fixed abode.

3. It is further submitted that custodial interrogation is not warranted in the facts and circumstances of the case. The Petitioner has cooperated with the investigation and there is no likelihood of absconding or tampering with the prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioner/Accused No.1.

4. Per contra, Sri A.Sai Rohith, learned Assistant Public Prosecutor vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioner is imperative for eliciting material facts. It is submitted that if the Petitioner is granted pre-arrest bail, there is a grave apprehension that he may not cooperate with the investigation and may evade the process of law.

5. The prosecution also apprehends that the Petitioner may influence witnesses or tamper with evidence, thereby obstructing the fair and impartial investigation. In view of the seriousness of the allegations and the potential risk to the progress of the investigation, it is prayed that the instant bail application be dismissed.

6. As seen from the record, the Divisional Cooperative Officer, Tenali, addressed a letter dated 20.05.2025 alleging that the Petitioner committed fraud by issuing two receipts to members worth Rs.1,19,100/- but failed to record them in the cash book. An enquiry under Section 51 of ‘the Act.,’ was conducted, leading to surcharge proceedings under Section 60(1) of ‘the Act’. In the surcharge proceedings dated 18.06.2025 in S.C.No.410 of 2021-C, the Deputy Registrar of Cooperative Societies observed that the petitioner had paid the entire amount along with interest. Consequently, the civil liability relating to Item No.4 against the petitioner/D.3 was dropped. This constitutes a special circumstance for filing this petition seeking for grant of pre-arrest bail directly before this Court without approaching the leaned Sessions Judge. The learned Assistant Public Prosecutor submits that only five witnesses are examined so far. The petitioner is a permanent resident of Doppalapudi Village, Doppalapudi Mandal, Guntur District.

7. On perusal of the record, the Petitioner is aged about 71 years, he retired as Chief Executive Officer of PACS. This Court in Crl.P.No.9439/202