[3520] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FOURTH DAY OF JUNE i TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE A. HARI HARANADHA CRIMINAL PETITION NO: 5787 OF 2025 Between : P. Shafi, S/o P. Khasim Saheb, Age 29 years, Occ- Branch Post Master Kadivella Post Office, Yemmiganur Adoni, KurnooI DI-Strict Petitioner/Accused AND 1. The State ofAndhra Pradesh, Rep. By its Public Prosecutor High Court ofAndhra Pradesh, Amaravathi, A.P 2. The Station House Officer, Yemmiganur Rural Police Station KurnooI District. Respondents Petition under Sections 482 of BNSS (old 438 of Cr.P.C), 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 petitioner by granting anticipatory bail in the event of their arrest in cr.No.14/ 2025 of Police Station, Yemmiganur Rural P.S. The petition coml-ng on for hearing, upon perusI'ng the Petition and the grounds filed in support thereof and upon hearing the arguments of sri cH S V SURAJ, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; 2 AHHS,J Crl.P.No.5787 of 2025 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5787 OF 2025 ORDER.. 1. This is an application filed under Section.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of pre-arrest bail. The petitioner is arrayed as sole accused in cr.No.14/2025 of Yemmiganur Rural Police Station, Kurnool DistrI|Ct, Which Was registered With the allegation of committing the offences under Sections 403, 409 of the Indian Penal Code (Sections 316 and 317 of the Bharatiya Nyaya Sanhi{a). Since, 'the offence is said to be of the year 2019, the case appears {o have been registered under the sections of Indian Penal Code. 2. The petitioner prays for release on Bail, in the event of his arrest. 3. Heard both sides. 4. The allegations against the petitioner/accused are made in terms of Sections 316 and 317 of the B.N.S. that, while he was working as Branch Post Master in Branch Post OffI'Ce in COnneCtiOn With Kadivella Sub Post Office, I Yemmiganur MandaI, during the period from o1.10.2018 to 20.12.2021, committed fraud, breach of trust and mI'SaPPrOPriatiOn by Way Of receiving Recurring Deposits from the customers and failed to account the same into the Post Office account on the date of transactions or any subsequent dates. The fraud is totalling to 57,500/-in respect of four depositors. 5. The petitioner/accused denied all the allegations. i-I-iJ, _2 ~ AHHS, Crl.P.No.5787 of2O25 6. Points for determination: (i) whether the petitioner/accused I'S entitled for grant of pre-arrest bail in terms of Sectl-on 482 of BNSS? If so, on what terms? (ilo) To what result? 7. Case of the Petitione r: (I') Allegations are false. (ii) period of alleged fraud is b'etween years 2018 to 2021, whereas the case is registered on o3.02.2025 and there I'S abnormal delay. (iii) Perl'odical audI't takes Place and if at all there is fraud, audit should have disclosed the same. I 8. Learned counsel for the petitioner/accused submitted that the petitioner is an employee and that he has permanent residence and strong roots in the Society and sole bread winner of the faml-ly. He would further submit that the j Petitioner iS ready to furnish securI'ty that may be ordered by the court, for his Presence during I'nVeStigatiOn, trial and all legitimate purposes. 9. Learned Assistant Public Prosecutor submitted that 7 witnesses were examined including the said depositors and he has formally opposed the application. 10. Upon considering the facts and circumstances of the case, the nature and depth of the allegations, the prayer for grant of pre arrest bail found convincing, c_-=-=--,-I <t+ \`S 3 4 AHHS,J Crl.P.No.5787 of 2025 ll. In the result, the Criminal Petition is allowed, on the following conditions: 1) Petitioner is directed to appear before the concerned Judicial Magistrate First Class within 15 days and on such appearance/surrender 6r arrest, he is entitled for release on bail,, in respect of cr.No.14/2025 of Yemmiganur Rural Police Station, which was registered with the allegation of committing offences under Sections 403 and 409 of the IPC, on the condition of Petitioner/Accused executing bail bonds for Rs.20,0'00/- with two sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate Firs`t Class. 2) The Petitioner/Accused and his sureties shall furnish their permanent residential address details and I-dentity particulars to the concerned police and keep the Police informed about the change in address, if any, time I to time. 3) Details of the properties (immovable) if any, possessed by the petitioner/accused shall be furnished w'lthin 15 days of release on bail and if the petitioner/ accused is not having any property, s'pecific declaration by either accused or his interested person, Shall be filed before the concerned Court stating that the petitioner/accused is not havI'ng any Property. /Th,'s condition is imposed as the same is helpful in addressing the issue relating to ensuing availability of the petitioner/accused, for investigation, trial etc. purposes). c53fZf7- 4 5 AHHS, J Crl.P.No.5787 of 2025 4) For the purpose of expediting the investigation process, the PetI'tiOner/accused iS directed tO appear before the COnCerned S.H.O./ after release on bail on every alternative Saturdays between 10 a.m. to 2.00p.m. for a period of (8) weeks or till filing of the charge sheet, whichever is earlier. 5) The petitioner/accused shall co-operate with the investigation agency, by furnI'Shing necessary and legally permissible I-nfOrinatiOn and he shall not interfere with the investigation process like contacting or influencing the witnesses etc. 6) The petitioner/accused shall not leave India, without permission of the concerned court. SD/-M.SRINIVAS , ASSISTANT&GreTRA R //TRUE COPY// SECTION OFFICER For/ Tol 1. The llnd Additional Distr®lct & Sessions Judge :: Kurnool at Adoni 2. The Slat-Ion House Officer, Yemmiganur Rural Police Station KurnooI District. 3. One CC to SRl. CH S V SURAJ Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court ofAP [OUT] 5. One spare copy KJ ``l-----_- dB ~ \. HIGH COURT AHHS,J DATED :24/06/2025 BAIL ORDER CRLP.No.5787 of 2025 ALLOWED {FgivysSi€S©c`-w `,v -.TP`