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2025 DAILYLAW 22584 (AP)

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

CRLP/6589/2025 · 2025-07-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

aft iEE! lN THE HIGH COURT OF ANDHRA PRADESH AT AI WEDNESDAY, THE NINTH DAY OF JULY, TWOTHOUSANDANDTWENTYFIVE I.i :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO _fl ti'€ CRIIVIINAL PETITION NO: 6589 OF 2025 Between : K.V.Siva Rama Sarma, S/o.Late.Viswanadham, Aged 64 years, Occ Retd.SBI Officer Flat No.301, Udaya Island Apartments Block B, Gandhi Nagar, Hyderabad. ...Petitioner/Accused No.8 <AND The State of Andhra Pradesh, Represented by its special Public Prosecutor p.s. CID PS, Amaravathi, Mangalagirj High Court ofA.P., at Amaravati ...Respondent Petition under section 438 of Cr.P.C (Under Section 482 of BNSS, 2023) is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner and enlarge the petitioner on baI'I on any terms and conditions in the event of arrest in relation to FIR No.67/2022 under Sections 420, 406, 409, 467, 471 r/w 120B of IPC and Section 13 (2) of P.C. Act, 1988 PS, CID PS, AP Amaravathi, Mangalagiri, Guntur District The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri K.B.Ramanna Dora, Advocate for the petitioner and Public Prosecutor for the Respondent, the court made the following; + APHCO10318742025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (spec-]a] original Jurisdiction) NO: 6589/2025 [3369] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION Bk:vt.:iev:niama sarma ...pET[T]ONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused: 1.K B RAMANNA DORA counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the followin Order:- This Criminal Petition, under Section 482 of BNSS, has been filed by the petitioner/A8, seeking antiCiPatOry bail, in connection With crime No.67 of 2022 of CID Police Station, A.P., Amaravati, Mangalagir-I, Guntur district. 2. A case has been registered against the Petitioner herein and others for the offences pun'lshable under sections 420, 406, 409, 467, 471 read with 120-B IPC and Section 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 lnd-la, Guntur main branch filed a complaint On o8.12.2022 before the Additional Director General of Police, CID, `s3ZZPZFZ' y`_~~ r `ct + Mangalagiri alleging that accused played fraud and cheated the bank to a tune of Rs.2.06 Crores by availing financial facility for working capital, cash credit for its business purposes and also cash credit`!jml|t sanctjoned by RAMSECC and SARC, Guntur which was processed by the Guntur main branch and sanctioned by zonal credit commI-ttee On 28.ll.2011 and further extended the credit limits up to 30.06.2013. 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 petI-tiOner Submits that, even according to the case of the prosecution, the loan was sanctioned in the year 2011. However, the petitioner J®OI-ned 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 prI-Or 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 h,is explanation for the alleged lapses and his statement of defence. The said proceedings further indicate that, upon careful examination of the pe{jtioner's explanation, the Deputy General -co--_xz'i| Manager observed that the Petitioner had not discharged his duties with diligence. However, the competent authority decided tO take a lenient view of the matter, taking into consideration his past service. Accordingly, he was issued an administrative Warning. In the said facts of case, no disciplinary action has been taken against the petitioner by the concerned authority. 7. Learned counsel for the petitioner Submits that this Court granted anticipatory bail to A6 in the present crime vide order dated 25.04.2023 |ln crl.p.No.2813 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 forvarding the loan applications to the authorities concerned. Because of the procedural lapses, the department has initiated disciplinary action against the officials and suitable punishment was also given to them for their procedural lapses. coming to the facts of the present petitioner, no disciplinary action was initiated against him. 8. ln view of the aforesaid facts and Circumstances Of the Case, this court finds that case of the petitioner herein/A8 stands on the better footing then A6 who was already granted antiCiPatOry bail by this Court and considering the fact that the petitioner was not working in the particular bank a{ the time of sanctioning of the loan and no disciplinary proceedJngs were lnJtlated aga,Pst the petltIOner, thIS Court IS InCllned to grant antlcIPatory ba" to the petltJOner here,n on the fol'owlng COnditions. I) In the event of arrest of the petltloner hereln ln the aforesaid crlme, he sha" be enlarged on ba" on hls executlng a personal bond for a sum of Rs 10,000/- (Rupees Ten Thousand only) wlth two suret,es of the llke sum each to the satlsfactIOn of the concerned Arres{jng offl'cer. IJ) PetltJOner she" make hJmSelf avallable for lnterrogatJOn by a poIICe offlcer as and when requ,red, and he sha" not, directly or ndJrectly, make any Inducement, threat or promlse to any person acqualn{ed wlth the facts of the case so as {o d,ssuade hlm from dlsclosJng such facts {o the court or to any pollce offICer 9. Accordl-ngly, the crl-ml'naI Petl-tI'On I-S a"owed. SD/-U. SRIDEVI To, cy? 'q TRUE COPY:,oH ASSISsTaeFSFICR:R: 1 The slat,on House offlcer9 CjD PojICe StatIOn, MangalagJrI, Guntur 7-it. i ., D,-strI'Ct 2 one cc to sH K B Ramama Dora, Advocate [opucJ 3- Two cr_a +A I3,lL,.,_ h Two cos to publ7'C Prosecutor, HI.gh Court ofAP [OUTJ _7 _ ." , `,`,ali= Lull One spare copy HIGH COURT TMR,J DATED :09/07/2025 ORDER cRLPINo.6589 of 2025 ALLOWED