THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5594 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.2 in Crime No. 16/RCO-ACB-MBNR/2024 on the file of ACB, Mahabubnagar Range Police Station registered for the offences punishable under Section 13(1)(a) of the Prevention of Corruption Act, 1988.

2. The case of the prosecution is that accused officer/AO-1 was working as Senior Superintendent in the Court of Principal Senior Civil Judge, Gadwal and in his capacity as such he was in-charge of Accounts Section and it is his duty to put-up the cheque petition files in land acquisition cases. The compensation amounts deposited by the Land Acquisition Officer in the CCD accounts were fraudulently got transferred by accused officer/AO-1 in the bank account of his wife/petitioner by issuing cheques in her name. On verification it was found that huge amounts to a tune of more than Rs.3 Crores were fraudulently issued cheques in the name of wife/petitioner and amounts were deposited in her account. The details of such transactions were also given viz., on one occasion, a cheque of Rs.69,47,120/- on 20.05.2019, a cheque for Rs.85,46,420/- which was deposited in her account on 17.12.2019 and a cheque for Rs.52,45,850/- which was deposited in her account on 09.04.2021 and similarly another cheque for Rs.25,98,250/- was deposited in her account on 16.08.2021. Details of other transactions were also mentioned in the complaint and it is also further alleged that when the bank account statement of petitioner was verified it was found that huge amounts were deposited in her account from the CCD account of the Court. Basing on the same, Crime No.16/RCO-ACB-MBNR/2024 was registered.

3. Heard Ms.K.Sai Priya, learned counsel for the petitioner and T.Bala Mohan Reddy, learned Special Public Prosecutor for the respondent No.1-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and she was falsely implicated in the above crime. The entire allegations are leveled against Accused No.1 and he was already arrested and investigation was also completed. It is further submitted that petitioner/accused No.2 is not a Government Employee and would not come within the category of public servant. He further submitted that the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions which are going to be imposed by this Court.

Hence, the petitioner may be enlarged on anticipatory bail.

5. Per contra, learned Special Public Prosecutor submitted that petitioner/AO.1 is none other than the husband of petitioner herein and he has misappropriated the funds to an amount of Rs.3,08,33,160/- which were intended to be deposited in the concerned Court for land acquisition compensation and Accused/AO.I who was working as Senior Superintendent in the Court of Senior Civil Judge, Gadwal transferred the said amount to the petitioner account, as such the petitioner/Accused No.2 has committed grave offence and investigation is under progress. Hence, at this stage, the petitioner is not entitled for grant of anticipatory bail.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are specific allegations made against the petitioner/Accused No.2 that huge amount of Rs.3,08,33,160/- has been misappropriated along with Accused No.1 which is intended to be deposited in the concerned Court for land acquisition compensation. It is not in dispute that A.1 is none-other than husband of petitioner/A.2. It is also pertinent to note that the petitioner approached this Court and filed CRL.P.No.4104 of 2025 for an anticipatory bail and the same was dismissed on 28.03.2025. Taking into consideration the gravity of the offence, this Court is not inclined to grant