APHC010303462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6333/2025 Between: 1. M NARAYANA SWAMY, R/O BC COLONY, GURRABADU, ANANTAPUR, ANANTAPUR DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, By Public Prosecutor, High Court of AP, Amaravati ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to enlarge the PetitioneivAccused No.l on bail in the event of his arrest in connection with Cr.No.l of 2018 on the file of Puttaparthi Urban Police Station, Sri Sathya Sai District (Anantapur District) and pass appropriate orders which this Hon’ble Court deem fit and proper in the circumstances of the case in interest of justice Counsel for the Petitioner/accused: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to grant pre-arrest bail to the petitioner/Accused No.1 in Cr.No.01 of 2018 of Puttaparthy Urban Police Station, Anantapur District, registered against the petitioner/Accused No.1 herein and another for the offences punishable under Sections 408, 409, 420 r/w 34 IPC. 2. The case of the prosecution is that, prior to 19.01.2018, project implementing agency of Accused No.1 and other accused after entering in to memorandum of understanding with District Water Managemetn Agency for restoring ecological balance, while executing work, alleged to have misappropriated Government Funds to a tune of Rs.1,13,79,194/-. As such they lodged complaint with police for the offences under Sections 408, 409, 420 r/w 34 of IPC. Hence the F.I.R. 3. Sri N.Chandrasekhar Reddy, the learned counsel for the petitioner, submits that the petitioner is aged about 65 years and he is a senior citizen and he was falsely implicated in this case and urged to grant pre-arrest bail to the petitioner. 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that after completion of investigation, police laid charge sheet and the Court may pass appropriate orders. 3 5. Perused the record. 6. As seen from the averments of the charge sheet, there are specific allegations leveled against the petitioner for the charges under Sections 408, 409, 420 r/w 34 IPC. The petitioner is the President of Anantha Paryavarayana Parirakshana Samithi of Ananthapur. The petitioner is main accused and a non-bailable warrant has been pending since long time against the petitioner. In view of the above, there are no merits in the petitioner and the Criminal Petition is liable to be dismissed. 7. Accordingly, the Criminal Petition is dismissed. However, on the request of the learned counsel for the petitioner, liberty is given to the petitioner to surrender before the concerned jurisdictional Magistrate Court, within 15 (fifteen) days from today, and move an application for bail and on such filing of the application for bail, the concerned jurisdictional Magistrate is directed to consider the same and pass appropriate orders on its own merits. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.7.2025 RD 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.6333 of 2025 Date: 15.7.2025 RD