IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3328 OF 2025 / 4l ‘i’’. \ ? Between: 1. Puppala Venkata Surya Naga Rajya Lakshmi, W/o Puppala Srinivasa years, Occ House wife, R/o H.No.6-13/1, Gantasalavari Street, Penugonda, West Godavari District. 2. Thota Venkata Subba Rao, S/o Thota Venkateswara Rao years, R/o 1- 48, near Ramalayam, Munamarru, Penugonda Mandal West Godavari District. Rao, age about 48 age about 54 .... Petitioners/A4 & A5 AND The State Of Andhra Pradesh, Rep. by its Pubiic Prosecutor, High Court of Andhra Pradesh at Amaravathi through PS. Penugonda. .... Respondent/State Petition under Section 482 of Cr.P.C is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/A4 & A5 the event of their arrest in connection with Crime No. 177 of 2023, of Penugonda Police Station, West Godavari District. , on bail in on the file The petition coming on for hearing, upon perusing the Petition and affidavit filed in support thereof and upon hearing the arguments of SRI POLISETTY RADHA KRISHNA Advocate for the Petitioners, Assistant Prosecutor for the respondent, the Court made the following. the Public ORDER APHC010156202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3328/2025 Between: Puppala Venkata Surya Naga Rajya Lakshmi ...PETITIONER/ACCUSED(S ) and others AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): Polisetty Radha Krishna Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.4 and 5 for granting of pre-arrest bail in connection with Crime No. 177 of 2023 of Penugonda Police Station, West Godavari District, registered for the alleged offence punishable under Sections 403, 406, 408, 409, 420 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’) and Sections 79 (A), 83 (B) of the Andhra Pradesh Cooperative Societies Act, 1964 (for brevity ‘the Act). ■"Jiaa 2 » , Dr.YLR, J Crl.P.No.3326of2025 Dated 12.09.2025 C^ASE OF THE PROSECUTION- 2. The case of the prosecution in brief, is that, prior to 22.11.2023 i.e., i Co-operative in between 2008 and 2021 Society (for short ‘the PACS’) at Siddantham Primary Agricultural and Rapaka PACS in Penugonda Branch Nos.2 to 4, being Supervisors of the said PAGSs, colluded and Accused No.1, being Manager, Accused and Accused No.5, being the Secretary, conspired together and caused huge demoralized the loss to the bank financially and names and fame of the bank resulting huge loss to the Bank of trust of crores and caused loss to the exchequer. IHE PETmQNFR.<^. counsel for the Petitioners submits in the present case and have are the sole earning arrest would cause irreparable hardship are willing to abide by any condition that this proper for the grant of anticipatory bail. The Petitioners and dishonest misappropriation of property and criminal breach public servant, to a tune of Rs.21.00 COr^TENTIONS OF THF f^ni iMcpi FOP 3. Sri Polisetti Radha Krishna, learned that the Petitioners have been falsely implicated not committed any offence as alleged. The Petitioners members of their family, and their to their dependents. The Petitioners Court may deem fit and have got fixed abode. It is further submitted that Petitioners and custodial circumstances of the investigation and there is prosecution evidence. Therefore, it i 4. there is no interrogation is not case. The Petitioners have recovery attributable to the warranted in the facts and cooperated with the tampering with the IS prayed that this Court may be pleased to no likelihood of absconding or % 3 Dr.YLR, J Crl.P.No.3328 of 2025 Dated 12.09.2025 grant pre-arrest bail to the Petitioners/Accused No.4 and 5 in the interest of justice. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 5. Per contra, Ms.P. Akhila Naidu, learned Assistant Public Prosecutor vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioners are imperative for eliciting material facts. It is submitted that if the Petitioners are granted pre-arrest bail, there is a grave apprehension that they may not cooperate with the investigation and may evade the process of law. The prosecution also apprehends that the Petitioners may influence witnesses or tamper with evidence, thereby obstructing the fair and impartial investigation. In view of the seriousness of the allegations and the potential risk to the progress of the investigation, it is prayed that the instant bail application be dismissed. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 6. 7. 8. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioners are entitled for grant of pre-arrest bail?” ANALYSIS: 9. As seen from the record, the alleged offence was detected in 2021. However, after a delay of two years, in 2023, the de-facto complainant choseT. 4 Dr.YLR, J Crl.P.No.332gof2025 Dated 12.09.2025 to lodge a complaint with the police. Accused No.1 was granted pre-arrest bail by this Court in CrI.P. No.544 of 2025 on 24.02.2025. Likewise, by order dated 24.02.2025 in CrI.P. No.541 of 2025, a learned Single Judge of this Court granted pre-arrest bail to Accused No.3. Petitioner No. 1/Accused No.4 is a Supervisor, and Petitioner No.2/Accused No.5 is the Secretary of the Cooperative Central Bank. The petitioners stand on the same footing as Accused Nos.1 and 3. The allegations against the petitioners are that they sanctioned and renewed loans without following the due procedure and failed to update the required registers. Ex facie, there is no allegation of misappropriation of the society’s funds. The FIR was lodged by the de-facto complainant based on an enquiry report dated 17.02.2022, purportedly submitted by a team of officers. In law, it does not qualify as an enquiry report submitted pursuant to an order of enquiry under Section 51 of ‘the Act’. It appears that sanction under Section 83 of ‘the Act.,’ is required. In view of the above facts and circumstances of the case, the gravity and nature of the allegations leveled the Petitioners/Accused No.4 and 5, this Court is inclined to grant pre-arrest bail to the Petitioners/Accused No.4 and 5. 10. 11. CONCLUSION: 12. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of their arrest, the Petitioners/Accused Nos.4 and 5 shall be enlarged on bail subject to them executing a bond for a 5 Dr.YLR, J Crl.P.No.3328 of 2025 Dated 12.09.2025 sum of Rs. 10,000/- (Rupees Ten Thousand Only), with two sureties for the like sum each to the satisfaction of the arresting police officials: The Petitioners/Accused Nos.4 and 5 shall make themselves available for investigation as and when required; The Petitioners/Accused Nos.4 and 5 shall not cause any threat, inducement or promise to the prosecution witnesses; The Petitioners/Accused Nos.4 and 5 shall appear before the Station House Officer concerned once in a week i.e., on every IV. Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The Petitioners/Accused Nos.4 and 5 shall not leave the district V. limits without the express permission from the Station House Officer concerned. The Petitioners/Accused Nos.4 and 5 shall surrender their VI. passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that SDI- K.J.RAJA BABU ASSISTAN^^GiSTRAR SECTION OFFICER effect to the Investigating Officer. //TRUE COPY// To, Penugonda Police Station, West Godavari District, (by The SHO, RPAD) 2. One CC to SRI 3. Two CCs to Pradesh.[OUT] 4. One spare copy 1 POLISETTY RADHA KRISHNA Advocate [OPUC] PUBLIC PROSECUTOR, High Court of Andhra HIGH COURT DR.YLR, J DATED:12/09/2025 BAIL ORDER CRLP.No.3328 of 2025 ALLOWED