Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 22577 (AP)

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

CRLP/6591/2025 · 2025-07-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF A.NDHRA PRADESH AT AMA -r< WEDNESDAY, THE NINTH DAYOFJULY, ,, TWO THOUSAND AND TWENTY FIVE 'J-ngi : PRESENT: fng HONOURABLE SRI JUSTICE T MALLIKARJUNA RA( CRIMINAL PE"ThON NO: 6591 OF 2025 . Betwee n : K.V.Siva Rama Sarma, S/o.La,te.Viswanadham Aged - 64 years Occ- Retd.SBI Officer FIat No.301, Udaya Island Apartments Block B, Gandhi Nagar, Hyderabad. ...Petitioner/Accused No.7 AND The State of Andhra Pradesh, Represented by its Special Public Prosecutor P.S. CID PS, Amaravathi, Mangalagiri High Court ofA.P., at Amaravati ...Respondent 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 {o grant anticipatory bail to the petitl-oner and enlarge the petitioner on bail on any terms and conditions in the event of arrest in relation to FIR" No.69/2022 under Sections 420 406,409,467,471 r/w 120B of lPC and Section 13 (2) of P.C.`Act,1988 P.S. CID PS, A.P, Amaravathi, Mangalagiri, Gun{ur District. Counsel forthePetitioner : Sri K B Ramanna Dora Counsel for the RespondeFTt : Assistant Public Prosecutor. The Court made the following ORDER: l=E| J, r . - F-*-.ng , APHCO10318822025 E#E fit-LE:Ti: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6591/2025 Between : K.v.siva Rama Sarma ...PETITIONER/ACCUSED AND The State OfAndhra Pradesh .I.RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused.I 1.K B RAMANNA DORA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the fo[lowin Order:- This Criminal Petition, under Section 482 of BNSS, has been filed by the petitioner/A7, seeking anticipatory bail, in connection with Crime No.69 of 2022 of CID Police Station, A.P., Amarava{I-, Mangalagiri, Guntur distrI'Ct., 2. A case has been regl-stered against the petitioner herein and others for the offences punishable under Sections 420, 406, 409, 467, 471 read with 120-B IPC and Section 13(2) of the PreventI'On 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 Additional Dl-rector General of police, CID, <,sj, I Mangalagiri alleging that accused played fraud and cheated the bank to a tune of Rs.2.03 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 ll.ll.2011 and further extended the credit limits up to 23.03.2013. After availing the said cash and credit facilities, accused diverted the amounts 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 joined the State Ba.nk of India, Guntur 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 joining 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 a----. - Manager observed that the petitioner had not discharged his dutI'eS with diligence. However, the competent authority decided to take a lenient vI'eW Of the matter, taking I-n{O COnSl-deratjon hI-S Past Service. Accordl'ngly, he was issued an administrative warning. In the saI-d facts of case, no discipII-nary action has been taken against the petitioner by the concerned authority. 7. Learned counsel forthe petI'tiOnerSubmI-tS that this Court granted anticipatory bail to A5 in the present crl-me vide order dated 25.04.2023 in crl.p.No.2800 of 2023, wherein this court observed that even as per the contents of the FIR, the accusation against the accused is that there are procedural lapses in forwarding the loan applications to the authorities concerned. Because of the procedural lapses, the department has I-nI-tiated discI-PIinary actI-On against the offI'CialS and suitable punI'Shment was also gllVen tO them for their procedural lapses. coming to the facts of the present petitioner, no disciplinary actI-On Was injtjated aga['nst h['m. 8. In viewofthe aforesaid facts and circumstances of the case, thI-S Court finds that case of the petitioner hereI-n/A7 stands on the better footing then A5 who was already granted anticipatory bail by this court and considering the fact that the petitioner was not working jn the partI-Cular bank at the tI-me Of SanCtiOning Of the loan and no disciplI-nary -`"fz>,pr. ``` I.`~ llZ`` Proceedings Were initiated against the petitioner, this court is inclined to grant anticl-patory bail to the petitioner herein on the following conditions. i) In the event of arrest of the petitioner herein in the aforesaid crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) wl'th two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioner shall make himself available for interrogation by a POliCe Officer aS and When required, and he shall not, directly or indI-reCtly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. 9. Accordingly, the Criminal Petition is allowed. Sd/-SHAIK MOHD. RAFl TRUECOPY,, ASSISTANTZasTRAR For SECTION OFFICER To) 1. The Station House officer, clD Poll-Ce Station, Amaravathi, MangalagirI', Guntur District. 2. One cc to srI-K B Ramanna Dora, Advocate [opuc] 3. Two CCs to public Prosecutor, High Court ofAndhra pradesh [ouT] 4. Onesparecopy CVSS HIGH COURT TMR,J DATED : 09/07/2025 BAIL ORDER CRLP.No.6591 of 2025 ALLOWED