[3327] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV?ed#Tapha MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 4137 OF 2025 Between : Shaik Imam Khasim, S/o. Dastagiri, Aged about 63 years, R/o. J.R.Peta, Atmakur SPSR Nellore District. Petitioner/Accused The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh At Amaravathi Respondent AND Petition under Section 48`2 of BNSS is filed praying that 'ln the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail in the event of his arrest in cr.No.38/2025 on the file of Atmakur PS, dated ll.03.2025 under Sections 316 (5), 316 (2), 336 (3), 340 (2). 318 (4) of B.N.S. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri C SUBODH Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHCO10196672025 E]HE] Efi]fiE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE THIRTIETH DAY OF JUNE -TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 4137/2025 Between : Shaik Imam Khasim IuPETITIONER/ACCUSED AND - The State OfAndhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.C SUBODH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR |he Court Made the Following Old_eJ=± The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioner herein to grant anticipatory bail in connection with Crime No.38 of 2025 of Atmakur Police Station, Sri Potti Sriramulu Nellore District, registered for the offences €'--. -- -i. `-rf' 2' Punishable under Sections 316(5), 316(2), 336(3), 340(2) and 318(4) of the BNS. 2. Case of the prosecution, in .brief is that the accused is working as Postal Agent in the Post Office at Atmakur Town. At his instarfce, the informant, her husband and three daughters deposited amounts in Postal Fixed Deposits and in. other scheme in the post Office at Atmakur. Subsequently, as they all wre staying at Hyderabad, having believed the accused, they handed over the fixed deposit bonds, pass books, and cheque books, for the purpose of withdrawing the maturity benefits, Taking advantage of the custody of the said documents, having forged their signatures on the cheques, the accused withdrew an amount of Rs.31,00,000/- being the maturity amount of the Fixed Deposit bond of the informant, her husband, and daughters, and misappropriated the same for his personal user 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent/State. Perused the record . 4. Learned counsel for the petitioner submits that if the customer intended to cancel the Fixed Deposit, he has to make an `i--, f cia.y.I t~.-f9 i -tJ application and ask for the same. The petitioner herein is only an Agent and he cannot by himself withdraw the money directly from the Fixed Deposit. The proceeds of the Fixed Deposit which has been cancelled will be deposited into the savings Bank Account of the customers. when such is the situation, there is any amount of ambiguity whether the petitioner misappropriated the amount. Surprisingly, the prosecution has not shown any of the employees as accused in the present crime. 5, In view of the aforesaid facts and circumstances of the case, this Court is inclined to consider request of petitioner for grant of anticipatory bail. 6. Accordingly, in the event of his arrest in the above crime, the Petitioner herein Shall be released on bail on his executing a Personal bond for a Sum Of Rs.10,OOO/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioner 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 and he sha'II submit all the documents as required by the investigating agency. q2Zgral -,, ---# 4' rt The petitioner shall appear before the station House Officer concerned once in a week i.e. on every sunday between 10.00 A.M. and 01.00 P.M., till filing of charge sheet. 7l Accordingly, the criminal Petition is allowetI //TRUE COPY// sD/- `K.SRINIVASA RAJU To , J\..i .i_'`.A 1. The Stat'lon House Officer, Atmakur police Slat-Ion, SPSR Nellore I =_.-. District, 2. One CC to SRl. C SUBODH Advocate [OPUC]. 3. Two CCs to Public Prosecutor'(AP) High Court ofA.P., Amaravati [OUT]- 4. One spare copy •i =~i`lt|€|~, e-`r <s HIGH COURT SRK,J DATED : 30/06/2025 BAIL ORDER CRLP.No.4137 of 2025 ALLOWED