Extracted from the PDF above. The PDF is authoritative.
HON'BLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION Nos. 3822, 3823, 3825, 3826 AND 3869 OF 2024 COMMON ORDER:
Criminal Petition No. 3822 of 2024 is filed by the petitioner- accused No. 3, Criminal Petition No. 3823 of 2024 is filed by the petitioner-accused No. 4, Criminal Petition No. 3825 of 2024 is filed by the petitioner-accused No. 1, Criminal Petition No. 3826 of 2024 is filed by the petitioner-accused No. 5 and Criminal Petition No. 3869 of 2024 is filed by the petitioners-accused Nos. 12 and 13, under Section 438 Cr.P.C., seeking to release them on bail in the event of arrest in crime No. 165 of 2024 of Dhone Town Police Station, Nandyal District, registered for the offences punishable under Sections 409, 420, 465, 468, 471 and 120-B read with Section 34 IPC.
2. Since all the criminal petitions arise out of the same crime, they are heard together and are being disposed of by this common
order.
3. Sri Kashapogu Suresh, learned counsel, represents that Sri Painti Suresh, learned counsel appearing for the petitioners-
2 accused Nos. 12 and 13, passed away and he has therefore filed vakalat on behalf of the petitioners-accused Nos. 12 and 13.
4. Heard Sri Srinivasa Rao Narra, learned counsel appearing for the petitioners-accused Nos. 1 and 3 to 5, Sri Kashapogu Suresh,
learned counsel appearing for the petitioners-accused Nos. 12 and 13, and learned Additional Public Prosecutor appearing for the respondent-State.
5. On 29-05-2024, the Municipal Commissioner, Dhone Municipality, lodged a complaint to the Station House Officer, Dhone Town Police Station, alleging that an amount of Rs.27,23,546/- belonging to Dhone Municipality was misappropriated during the period from 2014-2019 and therefore requested to take criminal action against the accused. On the basis of the said allegation, the present crime has been registered against the petitioners and others.
6. Sri Srinivasa Rao Narra, learned counsel appearing for the petitioners-accused Nos. 1 and 3 to 5 and Sri Kashapogu Suresh,
learned counsel appearing for the petitioners-accused Nos. 12 and 13, submit that the present complaint is lodged after lapse of five
3 years from the alleged misappropriation of funds and that the Municipal Commissioner, Dhone Municipality, kept quiet for all these years though regular audit takes place every year. They therefore request this Court to grant anticipatory bail to the petitioners-accused Nos. 1, 3 to 5, 12 and 13.
7. As seen from the material available on record, though the alleged offence took place during the period from 2014-2019, the complaint came to be given only on 29-05-2024. In view of the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners-accused Nos. 1, 3 to 5, 12 and 13 with certain conditions.
8. The petitioners-accused Nos. 1, 3 to 5, 12 and 13 are, therefore, directed to surrender before the Station House Officer, Dhone Town Police Station, Nandyal District, within a period of two weeks from today. On such surrender, the petitioners-accused Nos. 1, 3 to 5, 12 and 13 are ordered to be enlarged on bail on their executing each a personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of the Station House Officer, Dhone Town Police Station. After release, the
4 petitioners-accused Nos. 1, 3 to 5, 12 and 13 are directed to report before the Station House Officer, Dhone Town Police Station, once in a week i.e. on every Monday between 10 a.m. and 5 p.m. for a period of six weeks.
9. Accordingly, all the criminal petitions are allowed. Pending miscellaneous applications, if any, shall stand closed in consequence. _____________________ JUSTICE K.SURESH REDDY Date: 02-01-2025, JSK
5 HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION Nos. 3822, 3823, 3825, 3826 AND 3869 OF 2024
DATE: 02ND JANUARY, 2025
JSK