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2025 DAILYLAW 21513 (AP)

SALIVENDRA RAMA KRISHNA v. THE STATE OF AP

CRLP/6187/2025 · 2025-06-29

K Sreenivasa Reddy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010304282025 IN 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: 6187/2025 Between: 1. SALIVENDRA RAMA KRISHNA, AGED ABOUT 47 YEARS, R/O.463, VTC, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, Rep.by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. Through SHO, Gannavaram Police Station, Krishna District. ...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 Petitioner/Accused No.4 on Anticipatory Bail in the event of her arrest in connection with the Crime No. 142 of 2025 of Gannavaram Police Station, Krishna District, and to pass IA NO: 1 OF 2025 Petition under Section 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 Court may be pleased pleased to grant interim Bail in connection with Crime No. 142 of 2025 of Gannavaram Police Station, Krishna District, pending disposal of the Anticipatory Bail Application, and pass 2 Counsel for the Petitioner/accused: 1. HARINADH NIDAMANURI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 O R D E R:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner/accused No.4 to grant anticipatory bail in connection with Crime No.142 of 2025 of Gannavaram Police Station, Krishna District. 2. A case has been registered against the petitioner herein/accused No.4 and other accused for the offences punishable under Sections 420, 406, 467, 471, 447, 427, 379, 120B read with 34 IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 (for brevity ‘the PDPPA Act, 1984’) 3. Brief facts of the case of prosecution are that, there was credible information with regard to grave and large scale criminal operation involving the illegal excavation, theft and concealment of state-owned mineral resources carried out in Bapulapadu, Gannavaram and Vijayawada Rural Mandal of Krishna District during 2019-2024 led by accused No.4, with active collusion of his several associates and conspired to commit theft of mineral resources belonging to the State and thereby, misappropriated public funds to a tune of Rs.195,04,56,943/-. Basing on the report, the Vigilance and Enforcement Department, 4 Vijayawada conducted inquiry and revealed that the accused well- planned and thoroughly executed criminal operation, marked by fraud, deceit, forgery and committed theft of public resources, specifically minerals. A case in Crime No.142 of 2025 of Gannavaram Police Station was registered for the aforesaid offences and investigated into. 4. Heard. Perused the record. 5. Learned counsel for the petitioner/accused No.4 would submit that the complaint was lodged relating to the offences, which were allegedly committed during the years 2019 to 2024 and the said complaint was registered on 15.05.2025 at about 00.30 a.m. It is further submitted by the learned counsel that even as per the allegations in the complaint, they are evidently vague and relating to the evident which allegedly took place about six years prior to the date of lodging of the complaint. Learned counsel for the petitioner further contends that the petitioner is now targeted only on account of the political differences, as he is the follower of accused No.4, who was an Ex-MLA. It is further submitted that even if the allegations are to be taken as true, as alleged against the petitioner, the said allegations are as old as six years from the 5 date of lodging of the complaint. The petitioner is victimized and is now harassed by implicating him in the present crime. 6. Heard. Perused the record. 7. The complaint dated 14.05.2025 evidently relates to the incidents of the years 2019 to 2024 and the said complaint would also refer to several other issues involving the other third parties. This Court is not coming in the way of the investigation of the case by the investigating agency. Prima facie it appears that none of the witnesses were examined by the police, has stated that the petitioner/accused No.4 was involved in excavating the sand. 8. In view of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner/accused No.4 in the event of his arrest, subject to the following conditions: (i) The petitioner/accused No.4 shall be enlarged on bail in the event of his arrest upon furnishing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum, to the satisfaction of the Station House Officer, Gannavaram Police Station; (ii) The petitioner/accused No.4 shall appear before the Station House Officer, Gannavaram on every Second Saturday of every month till filing of the final report/charge sheet, and; 6 (iii) The petitioner/accused No.4 shall not tamper the evidence. 9. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. _______________________ __ JUSTICE K. SREENIVASA REDDY 30th June, 2025. DNB