Orders reserved on 25-02-2026 Orders pronounced on 09-03-2022062 6:APHC:8964 Orders uploaded on 09-03-2026 HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION Nos. 117 TO 121 OF 2025

COMMON ORDER:

Transfer Criminal Petition Nos. 117, 118, 120 and 121 of

2025, under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ' the B.N.S.S.'), are filed by the petitioners-accused Nos. 8 to 13 seeking to withdraw C.C.Nos. 2, 4, 3 and 1 of 2018 respectively from the file of the Court of learned Special Judge to try the cases under the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 – cum – Principal District and Sessions Judge, Srikakulam, and transfer the same to the file of the Court of learned Special Judge to try the cases under the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 – cum – Metropolitan Sessions Judge – cum – I Additional District and Sessions Judge, Visakhapatnam, to be tried along with C.C.No. 36 of 2017.

2. Transfer Criminal Petition No. 119 of 2025, under Section 447 of the B.N.S.S., is filed by the petitioners-accused Nos. 8 to 13 seeking to withdraw C.C.No. 375 of 2022 from the file of the Court of learned Principal District and Sessions Judge, Krishna at Machilipatnam, and transfer the same to the file of the Court of learned Special Judge to try the cases under the Act – cum – Metropolitan Sessions Judge – cum – I Additional District and Sessions Judge, Visakhapatnam, to be tried along with C.C.No. 36 of 2017.

3. Since all the transfer criminal petitions are filed by the same petitioners and the issues involved in all the transfer criminal petitions are also one and the same, the same are being disposed of by way of this common order.

4. The case of the petitioners, in brief, is as follows:

The evidence relied upon in this case is substantially identical to the evidence relied upon in all other prosecutions pertaining to Bommarillu Farms and Villas India Limited-accused No. 1, represented by its Managing Director Rayala Raja Rao-accused No. 5. The depositors, bank witnesses, company employees, forensic auditors and investigating officers are common to all the connected prosecutions. The prosecution documents including bank statements, ledger books, deposit records, property documents and agreements are also the same.

The petitioners submit that continuation of separate trials across multiple District Courts for the same evidence will not only cause harassment and logistical hardship for them but will also impose an unreasonable burden on the witnesses and the investigating agency. Therefore, no prejudice would be caused to the prosecution or to any witness if the present cases are transferred to the Court of learned Special Judge, Visakhapatnam, and on the contrary, the consolidation of all the connected cases before learned Special Judge, Visakhapatnam, will benefit the prosecution by simplifying the process of examination and by ensuring that all documentary records are available in one Court. The petitioners rely on the principles laid down by the Honourable Supreme Court in several judgments where overlapping evidence and common transactions warranted transfer to avoid conflicting decisions and undue hardship to the parties. The consolidation of trials in such circumstances is a well recognized mechanism for promoting judicial consistency and for safeguarding the rights of the accused as well as the prosecution.

5. Respondent No. 1-State, represented by its Special Public Prosecutor for CID, filed counter affidavit. The brief averments in the counter affidavit filed by respondent No. 1 are as follows:

One Rayala Raja Rao-accused No. 5 established accused No.

1 company in the name and style of "Bommarillu Farms and Villas India Limited" in the year 2011, accused No. 2 company in the name and style of "Bommarillu Foods and Consumer Products Limited" in the year 2011 and accused No. 3 company in the name and style of "Bommar