THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.9747 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.3 in Crime No.107 of 2025 on the file of the P.S. Mirchowk, Hyderabad, registered for the offences punishable under Sections 338, 318 (4), 316 (5), 336 (2), 340 (2) read with 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of prosecution in brief is that on 28.05.2025 at 2100 hours received a complaint from LW-1/Sri Mohammed Obaid Pasha, Secretary, District Board, Seva Mutually Aided Co-operative Thrift and Credit Society Limited, Hyderabad in which he stated that the above credit society offers free micro finance and thrift services to their members with a mission to empower EWS persons and also conduct routine inspections through consultant named as “Sarwath Research Foundation”. In the month of April, 2025 conducted inspection at Charminar branch office and found certain financial discrepancies as such formed internal committee and initiated preliminary investigation and multiple meeting were held between A-1 (Branch Manager) and internal committee. During these discussion A-1 confessed and disclosed name of A-2 (former accountant) that they had created fictitious loan accounts and borrower profiles under benami names and mis appropriated funds of Rs.11 lakhs and acknowledge the same in their writing. Further investigation revealed that loans amounting to 4-5 lakhs were sanctioned under benami identities without approval of knowledge of branch managing committee. To ascertain and validate the internal report district board engaged M/s. Manohar and Venkatata Chartered Accountants and after conducting depth audit the said CA’s confirms an amount of Rs.59,70,150/- remains unaccounted for due to serious irregularities. The petitioner/A-3 who is Field Cashier is absconding from duty since internal enquiry commenced. Hence, LW-1/Complainant requested for necessary action. Basing on the said complaint, registered a case in Cr.No.107 of 2025.

3. Heard Mr. Syed Mounis Jafer Abidi, learned counsel for the petitioner/accused No.3 and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-

State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that the petitioner worked as Field Cashier in Seva Mutually Aided Co- operative Thrift and Credit Society Limited, Hyderabad. The role of the petitioner in the said bank is only to recover the amount from the loanees. The petitioner is not having any role in granting loans. The entire allegations are levelled against A-1 and A-2 who are Branch Manager and Accountant. The ingredients under Section 338 are not attracted against the petitioner and the other offences levelled against the petitioner are imprisonment with less than 7 years. A-1 was already arrested and entire investigation is completed except filing of the charge sheet. He further submitted that the petitioner is not having any other criminal antecedents and he is the only breadwinner of his family and he shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the investigation, if any. Hence, the petitioner may be granted anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and they have mis-appropriated huge amount of Rs.59,70,150/-. He further submitted that there are specific allegations levelled against the petitioner that an amount of Rs.4-5 lakhs were sanctioned under the benami identities using mobile number registered in the name of the petitioner and his wife’s name and the petitioner after committing the said offence he is absconding from duties. He further submitted that the A-1 was