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2025 DAILYLAW 22576 (AP)

K.V.Siva Rama Sarma v. The State of Andhra Pradesh

CRLP/6590/2025 · 2025-07-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/.?I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT WEDNESDAY, THE NINTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6590 OF 2025 Between : K.V.Siva Rama Sarma, S/o.Late.VIswanadham Aged - 64 years Occ- Retd.SBI Officer Flat No.301, Uciaya Island Apartments Block B, Gandhi Nagar, Hyderabad. ...Petitioner/Accused No.8 • AND The State of Andhra Pradesh, Rep|fesented by its Special Public Prosecutor P.S. CID PS, Amaravathi, Mangalagiri High Court ofA.P., at Amaravati ...Respondent/Complainant Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in -Support of the criminal petition, the High Court may be pleased to grant anticipatory bail to the petitioner and enlarge the petitioner on bail on any terms and conditions in the event of arrest in I relation to FIR No.68/2022 under Sections 420, 406,409,467,471 r/w 12OB of IPC and Section 13 (2) of P.C.Act, 1988 P.S. CID PS. AP, Amaravathi, Mangalagiri, Guntur District. Counsel for the Petitioner : Sri K B Ramanna Dora Counsel for the Responde'ret : Public Prosecutor The Court made the following ORDER: APHCO10318672025 E,HE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SpecI-al Original Jurisdiction) [3369] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6590/2025 Between : K.v.sI®Va Rama Sarma The State Of Andhra Pradesh Counsel for the petitioner/accused: 1.K B RAMANNA DORA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the followin ...PETITIONER/ACCUSED AND ...RESPONDENT/COIVIPLAINANT Order:- Thl-s CrI-minaI Petition, under section 482 of BNSS, has been filed by the petitioner/A8, seeking anticipatory bal-I, in connection with CrI-me No.68 of 2022 of CID Police Station, A.P., Amaravati, - MangalagI-ri, Guntur dI-Strict. 2. A case has been registered against the petitioner hereI'n and others for the offences punishable under Sections 420, 406, 409, 467, 471 read with 120-B IPC and SectI-On 13(2) of the prevention of Corruption Act,1988. 3. Case of the prosecution, in brief is that the Assistant General Manager, State Bank of India, Guntur main branch filed a complaint on 08.12.2022 before the AddI'tI'Onal Director General of Police, CID, _-- Mangalagiri alleging that accused played fraud an'd cheated the bank to a tune of Rs.2.62 `Crores by availing financial facility for working capital, cash credit for its business purposes and also cash credit limit sanctioned by RAMSECC and SARC, Guntur which was processed by the Guntur main branch and sanctioned by zonal credit committee on 19.07.2011 and further extended the credit limits up to 15.04.2013. After availing the said cash and credit' facilities, accused diverted the amoun.ts with an intention to cheat the bank and stopped the business activity. 4. Heard both sides. Perused the record. 5. Learned counsel for the petitioner submits that, even according to the case of the prosecution, the loan was sanctioned in the year 2011. However, the petitioner I-Oined the State Bank of India, Gun{ur Branch, in November 2012. Learned counsel further submits that the petitioner had no involvement with the sanctioning of the loan, as it had already been sanctioned prior to his J-Oining the bank. 6. A perusal of the material on record goes to show that on 31.08.2015, show cause notice was issued. For which, the petitioner submitted his explanation for the alleged lapses and his statement of +defence. The said proceedings further indicate that, upon careful examination of the petitioner's explanation, the Deputy General y E=ci t -nd--A `. ` Manager observed that the petitioner had not dI'SCharged h,-s duties with dI-ligence. However, the competent authorl~ty decI-ded to take a lenient vl'ew of the matter, takI-ng into consl-deratI-On hI-S Past Service. AccordI-ngly, he was issued an adminI'StratI'Ve Warning. ln the said facts of case, no dI-SCjPIinary action has been taken against the petl'tjoner by the concerned authorl-ty. 7. Learned counsel forthe pe{itionersubml-ts that thl-s court granted ant,'cI-PatOry ba" to A6 in the present crl'me vI-de Order dated 25.04.2023 Ion CrI.P.No.2801 of 2023, wherein this court observed that even as per the contents of the FIR, the accusatl'on against the accused js that there are procedural lapses in forwarding the loan app[I-CatjOnS tO the authorI-tl-eS COnCerned. Because of the procedural lapses, the depar{men{ has l'nI|tjated dI.SCiPII'nary action agal-nst the offI-CI-als and suI'table punI-Shmen{ was also gI'Ven to them for their procedural lapses. comI-ng to the facts of the present petitioner, no disciplinary actl-on was I-nitiated against him. 8. ln vl-ew of the aforesaid facts and cI'rCumstances of the case, this court finds that case of the petitioner herel-n/A8 stands on the better footing then A6 who was already granted anticI-PatOry ba" by this court and consjderI'ng the fact that the petjtl-oner was not workl-ng Ion the particular bank at the time of sanction,-ng of the loan and no discI-PIinary *` ` -. -`---- ----i=i===_==EL* +<<,+ *` proceedings were in,-tI'ated against the petitioner, this court l's incll-ned to grant anticipatory ba" to the petitioner hereI-n On the following conditions. I') In the event of arrest of the petitioner herein in the aforesaid crime, he shall be enlarged on ba" on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting officer. ii) petitioner sha" make himself available for I+nterrOgatiOn by a police offI-Cer as and when required, and he shall not, directly or indirectly, make any I'nduCemen{, threat or promise to any person acquainted with the facts of the case so as to dissuade him from dI-SCIosing such facts to the court or to any police officer. 9. Accordingly, the Crl-mjnaI Petition I-S allowed. //TRUE COPY// For SD/- K.SRINIVASA RAJU ASSISTANasGISTRAR SECTION OFFICER To, 1. The Station House offI-Cer, CID Police Statl'on, Amaravathi, Mangalagiri, Guntur District. 2. One CC {o Sri K B Ramanna Dora, Advocate [opuc] 3. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [ouT] 4. One spare copy CVSS ELi + HIGH COURT TMR,J DATED:09/07/2025 BAIL ORDER CRLP.No.6590 of 2025 ALLOWED `=+:==±#