APHC010277182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5714 OF 2025 Between: A.S.Chand Basha, S/o.A.Md.Hasham, aged about 63, Ocuu:Retd. Office Superintendent. 0/o.Accounts Dept, in the Office of the Deputy Director, Project Tiger Division, Atmakur. R/o.H.No.18-98, Near Asar Mazjid, Atmakur, Nandyal District. ...Petitioner/Accused AND The State of Andhra Pradesh, Represented by its Public Prosecutor High Court at Amaravathi. ...Defacto Complainant/Respondent Petition filed under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the Order, dated 12-05-2025 in Crl.M.P.No.309 of 2025 on the file of the I Additional Sessions Judge, Kurnool and enlarge the petitioner on bail in the event of his arrest Cr.No.67 of 2025 of Atmakur P.S. Nandyal District pending investigation of the above Crime. y lA NO: 1 OF 2025 i Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant interim bail to the petitioner in the event of his arrest , in Cr.No.67 of 2025 of Atmakur P.S, Nandyal District pending disposal of the above CRL.P. i Counsel for the Petitioner: Sri G.Seena Kumar Counsel for the Respondent: Sri G.Neelothpal Ganji, Assistant Public Prosecutor The Court made the following: / APHC010277182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5714/2025 Between: ...PETITIONER/ACCUSED A S Chand Basha AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.G SEENA KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.5714 of 2025 Dated 03.09.2025 ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 in the event of his arrest in connection with Crime No.67 of 2025 of Atmakur Police Station, Nandyal District, for the offence punishable under Section 316(5) of Bharathiya Nyaya Sanhitha. Case of the prosecution is that the petitioner herein while in service as an 2. Administrative Officer (Accounts) in Project Tiger Division, Atmakur, had misappropriated the Government revenue of Rs. 19,25,993/- to the unknown accounts. In fact, the petitioner obtained permission to remit the revenue of EMC Check Posts Bairluty, Sikharam Laingalagattu & Sakshiganapathi Parking place for the months of March and April, 2024 from the Deputy Director into the APTCF Account of Conservator of Forests & Field Director, Project Tiger Circle, Nandyal. After due verification, it came into light that out of Rs.34,41,300/- pertaining to EMC Bairluty Check Post for the months of March and April, 2024, an amount of Rs. 19,25,993/- was credited to the Bank Account Nos.50100483643868 and 5020006770464, FDPT, HDFC Bank, Atmakur, which have no existence in the HDFC Bank. Basing on the complaint of Deputy Director, Project Tiger Division Atmakur, a case was registered against the petitioner. Sri G. Seena Kumar, learned counsel for the petitioner submits that the petitioner is innocent and retired Government Employee; he is suffering from health issues and he is the only person to look after his old aged mother who is 3. 3 Dr.YLR, J Crl.P.No.5714 of 2025 Dated 03.09.2025 aged about 85 years; the petitioner is ready to co-operate with the investigation and abides to the conditions imposed by this Court and hence, prays to allow the petition. Counter has been filed by the respondent/State denying the allegations levelled against the petitioner and it is submitted that there are specific allegations attributed against the petitioner that he along with other accused conspired together and misappropriated the government funds to a tune of 4. Rs.3,52,94,324/-. Mr. G. Neelothpal, learned Assistant Public Prosecutor submits that if the petitioner is enlarged on pre-arrest bail, there is every possibility of tampering the evidence; hence, petitioner is not entitled for pre-arrest bail. 5. Perused the record. 6. As could seen from the record, the allegation against the 7. petitioner/accused No.1 is that an amount of Rs.3,52,94,324/- allegedly misappropriated by the petitioner and other accused being responsible Government servants. The petitioner herein has diverted government revenue to various unrelated accounts, resulting in misappropriation. Indeed, grant of pre-arrest bail is neither a license for commission of a grave offence nor a shield or protection for the persons who have allegedly committed offence of criminal breach of trust and misappropriation of government 8. Dr.YLR, J Crl.P.No.5714 of 2025 Dated 03.09.2025 funds, as per the judgments of the Hon’ble Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab^ and Sushila Aggarwal v. State (NCT of Delhi)^. 9. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner in misappropriation of huge amounts of Government revenue, this Court is not inclined to grant pre arrest bail to petitioners/Accused No.1. 10. Accordingly, the Criminal Petition is dismissed. However, as per request of the learned counsel for the petitioner, liberty is granted to the petitioner/accused No.1 to surrender before the concerned jurisdictional Magistrate within a period of one (1) week from the date of this order and move appropriate application. The concerned jurisdictional Magistrate is directed to dispose of the bail application filed by the petitioner within a period of two (2) days on its own merits in accordance with law by giving due opportunity to the learned Assistant Public Prosecutor concerned. ^ (1980) 2 see 565 2 (2020) 5 see 1 Sd/- K J RAJA BABU ASSISTANT REGISTRAR SEeTION OFFieER //TRUE COPY 11 To, 1. The 1 Additional Sessions Judge, Kurnool, Kurnool District. 2. The Station House Officer, Atmakur Police Station, Nandyal District. 3. One CC to Sri G.Seena Kumar, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 5. Two eo Copies BSV vna HIGH COURT DATED:03/09/2025 ORDER I 15 SEP 2025 ^ . Curreni Section CRLP NO. 5714 OF 2025 DISMISSING THE CRIMINAL PETITION