THE HON BLE SRI JUSTICE K. SREENIVASA REDDY ’

CRIMINAL PETITION No. 58 OF 2025

ORDER :

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, „BNSS‟), is filed by petitioner/A.1, seeking anticipatory bail in connection with FIR No.05/RCO-CIU-ACB of 2024, dated 24.12.2024 registered by the ACB, CIU, Andhra Pradesh for the offences punishable under Sections 409, 420, 477A read with 120B of the Indian Penal Code, 1860 (for short, „IPC‟) and 13 (1) (a) read with 13 (2) and 7 of the Prevention of Corruption Act, 1988 as amended in 2018 (for short, „the PC Act‟).

2. The Deputy Superintendent of Police, CIU, ACB, Vijayawada prepared an occurrence report dated 24.12.2024, and based on the factual aspects mentioned therein and on the orders of the Director General of ACB, AP, Vijayawada dated 24.12.2024, the aforesaid crime came to be registered against the petitioner herein and others.

3. The Chief Secretary to the Government of Andhra Pradesh forwarded Memo No.2592927/SC.D/ A1/2024-3, dated 03.12.2024 of General Administration (SC-D) Department to the Director General of ACB along with detailed enquiry reports of the Vigilance and Enforcement Department bearing No.62 (C.No.4828/ V&E/Sec.II/D1/2024), dated 18.10.2024 and No.63 (C.No.4828/V&E/Sec-II/D1/2024) dated 30.10.2024 submitted by the Director General, Vigilance & Enforcement vide letters dated 18.10.2024 and 30.10.2024 respectively, to the Government, regarding certain allegations against petitioner, who worked as the Director General, A.P. State Disaster Response and Fire Services and the Additional Director General, Crime Investigation Department, with a request to conduct enquiry into the allegations of misappropriation of funds by him. Thereafter, the Director General, ACB addressed a letter dated 12.12.2024 to the Chief Secretary to the Government to accord permission under Section 17A of the PC Act to conduct a regular enquiry/investigation into the allegations against him. Pursuant to the same, the Government accorded permission Vide Memo No.2592927/SC.D/A1/2024, dated 20.12.2024 of General Administration (SC-D) Department according permission as required under Section 17A of the PC Act.

4. Thereafter, on the instructions of the Director General of ACB, vide Memo dated 24.12.2024, to register a RCO case and to investigate into the allegations against the petitioner and on perusal of the aforesaid Vigilance reports, the Deputy Superintendent of Police, CIU, ACB, Vijayawada registered the present case against the petitioner herein and others.

5. Occurrence Report dated 24.12.2024 has been enclosed along with the First Information Report. In the Occurrence Report, the observations and findings of the Vigilance and Enforcement Department in the enquiry reports No.62 (C.No.4828/V&E/Sec.II/ D1/2024), dated 18.10.2024 and No.63 (C.No.4828/V&E / Sec-II/D1/2024) dated 30.10.2024, are mentioned.

6. The observations and findings in enquiry report of the Vigilance and Enforcement Department No.62 (C.No.4828/V&E/Sec.II/ D1/2024), dated 18.10.2024, as mentioned in the Occurrence Report, are as under:

(a) The petitioner/A.1, during his tenure as the Director General of A.P. State Disaster Response and Fire Services(APSDRFS), manipulated tender processes for awarding contract work of Development and Maintenance of AGNI-NOC (Automated Governance & NOC integration) Web Portal, Mobile App and supply of hardware, to M/s. Sauthrika Technologies & Infra Private Limited (Accused No.2), in violation of the procedures in vogue and dishonestly and fraudulently facilitated payment of Rs.59,93,000/- to the said firm on 22.02.2023 i.e. within one week after entering into agreement on 15.02.2023, though there was no much progress in the development of AGNI-NOC portal. It is further alleged that on the same day i.e. on 22.02.2023, A.2 firm claimed Rs.26,00,000/- more, towards 50%

development of AGNI Portal and Mobile App, and the Technical Committee constituted