THE HON’BLE JUSTI CE B.R.MADHUSUDHAN RAO CRI MI NAL PETI TI ON No.6722 OF 2025

ORDER:

This Criminal Petition is filed under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused for grant of anticipatory bail in connection with Crime No.344 of 2025 of Mahabubnagar Rural Police Station, Mahabubnagar District, registered for the offences punishable under Sections 318 (4) and 316 (5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

2. Heard learned counsel for the petitioner/accused and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent/State.

3. It is the case of the prosecution that a complaint was lodged by one Sandeep Kumar Patha, Regional Collection Head of Kanakadurga Finance Limited on 09.05.205 to the Station House Officer, Mahabubnagar Rural Police Station, contending that the Branch Manager Mamillapally Kiran Kumar (Petitioner herein) has collected E.M.I. amount directly from the Executives misappropriated an amount of Rs.4,24,900/- and the same is found in the audit of the above branch conducted in the month of March, 2025. When the petitioner was asked about the misappropriated amount, he agreed to pay the said amount shortly and also executed a letter with his own writing to that effect. Basing on the said complaint a case in Crime No.344 of 2025 was registered for the offences punishable under Section

318 (4) and 316 (5) of BNS, on 09.05.2025.

4. Learned counsel for the petitioner submits that the petitioner is aged about 48 years and he is a reputed person in the society and leading his life along with his wife and children. He further submits that the petitioner has not committed any offence and if the petitioner is arrested and detained in jail, he will suffer a lot and prayed to grant anticipatory bail.

5. Learned Additional Public Prosecutor has submitted that the petitioner has misappropriated an amount of Rs.4,24,900/- and has given an undertaking to pay the said amount shortly and as on today only two witnesses were examined and investigation is still in progress.

6. On perusal of the complaint, dated 09.05.2025, it is stated that the petitioner/accused has collected E.M.I. amount directly finance company and misappropriated an amount of Rs.4,24,900/-. Moreover, the petitioner has given an undertaking to repay the said amount shortly. As on today only two witnesses were examined by the prosecution and since the investigation is in progress, this Court is of the opinion that the petitioner is not entitled to anticipatory bail.

7. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

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B.R.MADHUSUDHAN RAO, J

04^th June, 2025.

gkv/ SSM