APHC010037072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 781/2025 Between:

Chintham Subba Reddy, ...PETITIONER/ACCUSED A N D State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S)

and Others Counsel for the Petitioner/accused:

1. RAVITEJA PADIRI Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR The Court made the following:

O R D E R:-

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed on behalf of the petitioner/accused No.3 to grant anticipatory bail in connection with Crime No.319 of 2024 of Nellore Rural Police Station of SPSR Nellore District.

2. A case has been registered against the petitioner/

accused No.3 and others for the offence punishable under Section

318 (4) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’)

3. Case of the prosecution, in brief, is that, the accused No.1 was alleged to have approached the de facto complainant through paddy business broker viz. Prasanna Kumar Reddy and was alleged to have taken 69 putties of sugarless paddy from him, after negotiating the rate at Rs.26,900/- for one putti, totaling to Rs.18,56,100/-, on an oral agreement that accused No.1 would pay the said amount after selling the paddy to the millers at Nellore; that accused No.1 was alleged to have conspired with accused Nos.2 to 4, hatched up an evil plan of cheating the de facto complainant and took away 69 putties of sugarless paddy from the go-down through a lorry and sold the same in Chennai and Madurai of Tamilnadu State, instead at Nellore and used the sale proceeds for their own without giving to the de facto complainant and thereby, breached his trust and cheated him. The case was reported to police and a case in Crime No.319 of 2024 of Nellore Rural Police Station was registered for the aforesaid offences and investigated into.

4. Heard. Perused the record.

5. A perusal of material available on record goes to show that the petitioner/accused No.3 and other accused were alleged to have taken away the sugarless paddy from the de facto complainant and sold away the same and the sale proceeds were not given to the de facto complainant and thereby, committed breach of trust with the de facto complainant. A perusal of material available on record further goes to show that accused No.4 was alleged to have paid the amount to accused Nos.1 to 3, but they did not repay the money to the de facto complainant. Mere failure to pay the money would not in any way come within the purview of Section 318 (4) of BNS. Apart from the same, prima facie it appears that the petitioner/accused No.3 purchased the paddy from accused No.4 but not from the de facto complainant. In view of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/accused No.3.

6. Accordingly, in the event of arrest of petitioner/

accused No.3 in the above crime, he shall be released on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the Nellore Rural Police Station, and also on condition that the petitioner/ accused No.3 shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner/accused No.3 shall appear before the Station House Officer concerned one in a week i.e. on every Sunday between 10.00 a.m. and 1.00 p.m., till filing of the charge sheet.

7. Accordingly, the Criminal Petition is allowed.

_______________________ __

JUSTICE K. SREENIVASA REDDY

6^th February, 2025.

DNB