APHC010336672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396]

MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5420/2024 Between:

1. VENKATESWARA KODANDA RAMAIAH, S/O. VENKATESWARA, HINDU, AGED ABOUT 39 YEARS, R/O. 1/74, NANDIVADA MANDAL, NANDIVADA KRISHNA DISTRICT.

...PETITIONER/ACCUSED AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR AT HIGH COURT OF ANDHRA PRADESH THROUGH STATION HOUSE OFFICER GUDIVADA I TOWN POLICE STATION.

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

1. ANIL KUMAR DASARI Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

The instant Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of Bharatiya Nagarik Suraksha Sanhita has been filed on behalf of the Petitioner / Accused No.3 to grant anticipatory bail to him in connection with Crime No.311 of 2020 of Gudivada I Town Police Station, Krishna District for the offences under Sections 408, 420, 467, 468, 471, 477-A and 120-B read with 34 of Indian Penal Code, 1860.

2. Heard Sri D.Anil Kumar, learned counsel for the Petitioner/Accused No.3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State.

3. Learned counsel for the Petitioner would submit that, except for Accused Nos.1 and 3, a Coordinate Bench of this Court has already granted anticipatory to Accused Nos.2, 4 to 15 in the present crime. Learned counsel would further submit that the allegations in the present complaint pertain for the period from 2016 to 2019, whereas, after the death of Accused No.1, who is the father of the Petitioner/Accused No.3, in the year 2021, the Petitioner as Correspondent of the institution. It is submitted that the Petitioner has nothing to do with the alleged offences. It is further submitted that the allegations leveled against the Petitioner are false and omnibus. Learned counsel for the Petitioner would submit the Petitioner undertakes to abide by the conditions that may be imposed by the Hon’ble Court in the event of grant of anticipatory bail.

4. Learned Assistant Public Prosecutor opposed the petition and would submit that the investigation is in progress. Learned Assistant Public Prosecutor conceded about grant of anticipatory bail to Accused Nos.2, 4 to 15 in the present crime.

5. It is alleged in the complaint that Accused No.1, who is the-then General Secretary of General and Technical Education Society, Gudivada, having colluded with the Correspondent i.e., Petitioner/Accused No.3, and other office bearers i.e., Accused Nos.2 and 4 to 15, created forged and fabricated documents and thereby misappropriated huge amount of Rs.7.00 crores pertains to the Society and used the same for their personal use. A bare perusal of the material on record would show that Accused Nos.2 and 4 to 15 in the present were already granted anticipatory bail by a Coordinate Bench of this Court vide Order dated 19.02.2021 in Crl.P.No.173 of 2021. The contention of the Petitioner is that the allegations leveled in the complaint pertains to the year 2016-19 and the Petitioner has become Correspondent of the Society after the death of his father i.e., Accused No.1 in the year 2021 and that the Petitioner has nothing to do with the alleged offences.

6. Considering the submissions, this Court is of the view that the allegations leveled against the Petitioner are the factual aspects to be decided during investigation and it is not the stage to decide the culpability of the Petitioner by accepting the allegations. In such circumstances, this Court is inclined to grant anticipatory bail to the Petitioner.

7. Accordingly, the petition is allowed granting anticipatory bail to the Petitioner/Accused No.3, on the following conditions:

(i) The Petitioner /Accused No.3 shall appear before the concerned Magistrate Court, within