lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE -.PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6962 OF 2025 Betwee n : Raju Rajasekharan, S/o. Raju, Aged about 68 years, Residing at D.No.2/52-2, Raaj Kudil Pillaiyarnattham, Dindigul, Tamil Nadu. ...petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Through S.H.O. East PS Tirupathi, Rep. by public prosecutor, High Court of AP at Amaravathi. 2. The Special Investigation Team, SIT Office, Old SCBC Building, Opp. Balaj'l Link Bus Stand, Alip-Iri, Tirupa{hi. ...Respondents petition under section 480 & 483 of BNSS (Old Section 437 and 439 of cr.p.c.) is filed 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 enlarge the petitioner/Accused No.2 on bail in connection with FIR.No.470/2024 Dt.25.09.2024 on the file of the SHO Tirupathi East Police Station, Tirupathi D-lstrict for punishable offenCeS under sections 274, 275 316(5), 318(3), 318(4), 61(2), 299, 336(3) 340(2) r/w 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 51 & 59 of the Food Safety and Standards Act, 2006. The petition coming on for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of M/s.VMR LEGAL Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent No.1, and the Court made the following ORDER: E- APHCO10335382025 EFE LE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 'l`' TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6962/2025 [3369] Between.I 1.RAJU RAJASEKHARAN, S/O. RAJU, AGED ABOUT 68 YEARS, RESIDING AT D.NO.2/52-2, RAAJ KUDIL PILLAIYARNATTHAM, DINDIGUL, TAMIL NADU. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH S.H.O. EAST PS, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVAT H I . 2.THE SPECIAL INVESTIGATION TEAM, SIT OFFICE, OLD SCBC BUILDING, OPP. BALAJI LINK BUS STAND, ALIPIRI, TIRUPATHl. ...RESPONDENT/COMPLAINANT(S): 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 PetI'tiOn, the High CourtCour{ to enlarge the Petitioner/Accused No.2 on bail I'n connection With FIR.Nol470/2024 Dt.25.09.2024 on the fI'le Of the SHO Tirupathi East Police Station, Tirupathi District for punishable offences under Sections 274,275 316(5), 318(3), 318(4), 61(2), 299, 336(3) 340(2) I/w 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 51 & 59 of the Food Safety and Standards Act, 2006. Counsel for the Petitioner/accused: 1.VMR LEGAL `\-,ail -_ | . counsel for the Respondent/comPIainant(S): 1.P S P SURESH KUMAR, Spl. Public Prosecutor for CBl 2.PUBLIC PROSECUTOR The Court made the following ORDER: 1. The Criminal Petition, under seCt'lOnS 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), is filed on behalf Of the petitioner/A.2 to grant regular bail in connection With Crime No.470/2024 of Tirupathi East Police Station, Tirupathi D'lstrict. 2. A case has been reg-lStered against the accused and Others for the offence punishable under sections 274, 275, 316(5), 318(4), 61(2), 299 r/w 49 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, lBNS') and sections 51 & 59 of the Food Safety and Standard Act (for short, [FSSA')I 3. The prosecution's Case COnCernS Charges Of Cheating, Criminal breach of trust by a merchant, and causing wrongful loss to the Tirumala Tirupati Devasthanams (TTD) with a dishonest and common -Intention. It is alleged that M/s AR Dairy Food Private Limited, Dindigul, Tamil Nadu, in conspiracy with certain TTD officials with vested interests, knowingly supplied adulterated and substandard cow ghee in v-lolation of the conditions outlined in the tender agreement. This act, the prosecution asserts, Was Part Of a deliberate criminal conspiracy aimed at not only defrauding TTD but also hurting the religious sentiments of Hindu devotees of Lord Sr-I Venkateswara Swamy, Tirumala. The alleged incident occurred before 12.07.2024, at the TTD Administration Building, Tirupati, and was formally reported at the East Police Station, Tirupati, on 25.09.2024 at 1 :45 PM by the complainant, Sri P. Murali Krishna, General Manager (Procurement), TTD. According to the comPla-Int, TTD had floated a tender on 12.03.2024 to procure 10 lakh kilograms of cow ghee With Agmark Special Grade. The tender was awarded tO M/s AR Dairy Food private Limited on 08.05.2024, with the supply Order issued On 15.05.2024. The supplier delivered four consignments Via tankers On 12.06.2024, 20.06.2024, 25.06.2024, and 04.07.2024. Samples from these consignments were discreetly sent for analysl-s to the NDDB CALF Laboratory in Anand, Gujarat. In its report dated 12.07.2024, the laboratory confirmed that the ghee was substandard and adulterated, contaI-ning both Vegetable and animal fat- based adulterants, including lard. Based on this laboratory analysis, SrI- P. Murali KrI®Shna fI-led a formal complaint requesting legal action against M/s AR Dairy Food Private LimI|ted for breach of contractual obligations and for committing fraud and cheating wI'th l'ntent to obtain wrongful gain. 4. Sri O. Manohar Reddy, learned senior counsel for the petitioner / A.2, contends that the FIR was registered on 25.09.2024, over two months after the TTDls show cause .notI'Ce dated 23.07.2024, and only following a public statement by the HonJble Chief MI'niSter. The timing and circumstances suggest political and commercial motivations rather than genuine criminality. The pgtitioner was arrested on o9.02.2025 and remains in judicial custody. Police custody was granted and fully utilized; all relevant documents and electronic devices have been seized. The entire investigation has been completed, and the charge sheet has been filed. No further custodial interrogation is required. It is submitted that the allegations, even if accepted, Pertain {O a COntraCtual dispute over the quality of goods supplied, squarely governed by an arbitration clause, and do not warrant criminal prosecution. Invocation of crimI'nal law in Such a Case iS unwarranted and contrary to settled legal principles. No prima facie case is made out under sections 316(5) or 318 of the BNS. The petl'tioner suffers from severe medical conditions, including coronary artery disease (with multiple stents), possible lymphoprolI'feratiVe/metaStatiC disorder, diabetes, hypertension, and chronic kidney stones. Continued incarceration poses grave health risks and violates the petitioner's right to life and personal liberty under Article 21 of the Constitution. The petitioner has no criminal antecedents, strong community tI'eS, and iS Willing to abide by any conditions imposed by the court. i 5. Sri P.S.P. Suresh Kumar, learned Special Public Prosecutor for CBI, vehemently opposed the grant'ing of bail to the petitioner / A.2. 6. I have heard both Sides. Learned counsel on both Sides reiterated their submissions on par with the contentions presented in the petition and the report. 7. ln MasroorV. Sfafe ofL/.P.7, a Divis|lon Bench of the Hon'ble Supreme Court observed as follows: 13. ... Though at the stage of granting bail, an elaborate examination Of evidence and detailed reasons touching the merit Of the Case, Which may prejudice the accused, shoulcl be avoided, -but there iS a need tO indicate in such order reasons for prima facie concluding why bail was being .granted particularly where the accused iS Charged Of having committed a serious offence. 8. I The learned senior counsel for the Petitioner Submits that this Hon'ble court was pleased to grant bail to Accused Nos.3 to 5, and that the case of the present petitioner stands on a similar footing. In support of this contention, reliance is placed on the ba'll orders passed in Crl.P.Nos. 4203, 4187, and 4198 of 2025. It is alleged that Accused Nos. 3 and 4, as directors of the A.6 and A.7 factories, masterminded a large-scale conspiracy tO Supply adulterated ghee to the Tirumala Tirupati Devasthanams (TTD). The prosecution asserts that during the period of supply, A.7 did not procure or purchase any milk, yet still participated in full-llling ghee supply contracts tO TTD through A.6 and AI7. According to the prosecution, A.6 and A.7 were primarily used to secure TTD ghee tenders after A.3 and A.5 allegedly fa-lled to meet the tender conditions through their original company. 9. A perusal of the material placed on record indicates that the Case against the petitioner stands on the same footing as that of Accused Nos. 3 to 5. As reflected in the record, the Tirumala Tirupati Devasthanams (TTD) issued a show-cause notice to the petitioner on 23.07.2024, to which the 1 (20O9) 14 SCC 286 e`._ jar i \.\`3~ petl-tioner (A.2) submitted a reply, explaining h['s position. It is an admI-tied fact that the petitI'Oner is the Managl'ng Director of M/s. AR Dairy prl-vale Food Limited was declared the successful bidder and was awarded the contract for the supply of 10 Iakh kilograms of cow ghee. A Wrl-I PetI'tiOn (C) No.622 of 2024 and its batch were filed before the Hon7ble supreme court of India. pursuant to the dI-reCtiOnS issued by the Hon]ble supreme court, a special Investigation Team (SIT) was constituted to carry out a comprehensive jnvestigatjon into the matter. 10. The record reveals that the petI'tiOner Was arrested On 09.02.2025 and has been I'n COntinuous judicial custody since then. During this period, police custody was granted initially for fI-Ve days. lt iS Pertinent to note that the respondent authorjtjes did not seek any further custodial interrogation thereafter. ll. As seen from the record, the crime has been registered agaI'nSt the petitI'Oner and other accused for the offences under sections 274, 275, 316(5), 318(4), 61(2), 299 I/w 49 I/w 3(5) of BNS and sections 51 & 59 of the FSSA. The learned senior counsel for the petitioner submits that, except for the offence under section 316(5) of the BNS, all other offences alleged against the petitioner and the co-accused are punishable with I|mPriSOnment of up to seven years. It is contended that section 316(5) of the BNS has been invoked solely to deprive the petl'tl'oner of the benefit of notice under section 35(3) of the BNSS, even though the said provision has no application to the facts of the present case. According to the prosecution, the ghee supplied by M/s. AR Dairy Private Limited was allegedly substandard and adulterated, with test results indicatI'ng the Presence Of Vegetable-and animal-fat-based adulterants, including LARD. 12. To attract the provisions of section 316(5) of the BNS, there must be`an element of entrustment of property, the accused must be acting in a fjducjary capacity, and there must be dishonest mI'SaPPrOPriatI'On Or COnVerSI-On Of the ~---- -----fe \ entrusted property. However, a perusal of the record indicates that the transaction in question was lpurely commercial and governed by contractual obligations. lt is not the prosecution'.s case that any property entrusted by TTD was misappropriated. Given these facts, it appears doubtful whether the essential ingredients of Section 316(5) of BNS are made out in the present case. Nonetheless, it is for the competent court {o adjudicate upon the applicability of Section 316(5) of BNS at the appropriate stage of the proceedings. 13. The learned senior counsel for the petitioner contends that the procedure prescribed under the FSS Act has not been duly complied with. Specifically, it is submitted that the samples were not collected in the presence of the petitioner, but rather in the presence of the driver and cleaner, who are admittedly not technically qualified persons. lt is further argued that there is no complaint from any individual or authority alleging that any person suffered grievous injury or death as a. result of consuming the allegedly adulterated food products involved in the present case. A perusal of the material on record substantiates this claim, as there is no such complaint on file from any quarter. SI'gnifiCantly, the learned Special PubI'lc Prosecutor has not disputed the contention raised by the learned senior counsel for the petitioner on this aspect. 14. The learned senior counsel for the petitioner further subnlits that Section 59 of the Food Safety and Standards Act, 2006 (FSS Act) has an overriding effect over all other food-related provisions, and places reliance on the judgment of the Hon]ble Supreme Court in Ram IVath V. Sfafe of Uffar pracfesh ancf others2. lt is pointed out that similar contentions were raised before this Court by Accused Nos. 3 to 5 in Crl.P.Nos.4203, 4187 and 4198 of 2025, and this Court, after considering those submissions to some extent, was pleased to grant bail to A.3 to A.5. 2 (2024) 3 SCC 502 e.I i] c=.i3, fa `15. The learned senlor counsel for the pet]'tloner submlts tha"he petltlOner has coronary artery disease, for whl-ch he underwent multl-p[e cardiac stentI-ng procedures in April 2012. He is cLlrrently under an{ituberculous treatment for a working dI'agnOSiS Of tuberculous lymphadenitis. However, a previous PET-CT scan has indicated the possjbl-lily of Stage IV lymphoproll-ferative disorder or a metas{atjc disease, necessitating close medical monjtorjng, assessment of treatment response, and repeat diagnos{jc I|nVeStigatjons. l{ I-s further submitted that the petitioner suffers from recurrent ureteric calculI-, for Which he underwent a surgical procedure on 30.ll.2024. Additionally, he has long- standing diabetes mell[|tus and hypertensl'on, both of whI'Ch requI-re regular consultat[-ons wj{h medical specialists, including his treating surgeons and physicians. Given these chronic medical conditions and the risk of comp[icat]'ons or adverse effects from ongoing tuberculosis treatment, the petitioner is considered to fall under a hl'gh-risk medical category. continued incarceration, under such circumstances, is said to be adversely affecting his physI'Cal and mental health. The Respondent does not seriously dispute the above medical submissI'OnS made on behalf of the petitioner. The record also reflects that the petitioner is approximately 68 years of age, and it is not unusual for indivllduals of hI'S age tO Suffer from multiple health conditI'OnS Of this nature. 16. The learned senior counsel for the petI'tiOner COntendS that the petI'tiOner has fully cooperated with the investigation agency throughout the investigation. while the prosecution argued that there is a flight risk in the event of the petitioner's release on bail, the material on record prima facie indicates that the petitI'Oner appeared before the Investigating officer and submitted the required documents. The pet[-tioner has been in judicial custody for over five months. It is also brought to the notI-Ce Of this COurf that upon completion of the investigation, the lnvestI'gating Officer has filed the charge sheet. ln these circumstances, the contl'nued detention of the petitioner is no longer warranted. •i,,+.l€. i,6fr 17. A perusal of the mater-lal on record demonstrates that the petitioner has cooperated fully with the investigation by appearing before the Investigating I Officer and submitting the requisite .documents. The Investigating Officer has since completed the -Investigation, filing the charge sheet after examining as many as 292 witnesses and exhibiting 954 documents. 18. ln Gal,Ima Gupfa V. Sfafe3J the High Court of Delhi held that.I 15. In deciding bail applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. Often this takes several years, and if the accused is denied bail but is ultimately acquitted, who will restore so many years of his life spent in custody ls Article 21 of the Constitution, which is the most basic of all th.e fundamental rights in our Const-ltution, not violated in such a case of course this is not the only factor, but it 'ls certainly one of the clmPOrtant factors in decid-Ing Whether tO grant bail. In the present case` the Respondent has already spent 66 days in custody (as stated in Para 2 of his counter affidavit), and we see no reason why he should be denied bail. A+doctor incarcerated for a long period may end up like Dr. Manette in Charles Dicken's novel A Tale of Two Cities, who forgot his profession and even his name in the Bastille. 19. ln Sam/-ay Chandra V. CBr, wherein a two-Judge Bench, wh-lle dealing with the bail applications, the Hon'ble Supreme Court observed thus : (SCC p. 52, paras 21-23) "21. ln bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe`more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in Custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial, but in such cases, "necessity" is the operative test. In this country, it would be qu-lie 3 2021 0 Supreme(Del) 538 4(2012) 1 SCC40 I.i~ -_ --+/ c+:n^t,ra^y,i_o_i_fie co,nce.p.i.of personal liberty enshrined in the constitution i:oat ha£n.y p:+rsLO^n^S_hO_:I.:_.P_:_p,unisP.ed. ir re:pect of a;; ;'a;;;r, :;;-nL'ff;liuc; , hAe^_hv::~ :O_tree.en...copvicted or that in a;y circu;s|ta-;I::`:I 'huer:;;;;;:: ?A:;Fnri^v^e_d^_oil P!:I I_iP:,rfy ,upon oply the bel'ief that ;; -vi;-;a';p;;~;;; twhGe witnesses if left at liberty, save in the most extraordi;;;'c;r-;;=:i;;I;I:s. 2h3:HAp_a_F I_r_on:, the, q.uestio! _of prevention being the object of refusal of b^a^i!` ,:_::e_ __:_ust not .lose ?ight of the fact that ua;;-i;~;r;:;nv;i-n;ui=;our: caonn\:ic^t:::ri h+a^s _a~::_b_st:rf,ial punitive?oat_eat and i't woJl;;i' -i;I;`r;;:;:r =.:Ly^1CLO_uuTLt_O_ :efuse. Pail ,as a mark of disapproval of for;:; -cr;;d';;i Y.hue_t_h_:: :!_e_,accused.has_ been convicted for -It-;r n;;-;-;o 'r-:;;I:: ;;I"tuou:; u.n.c:T:i^c_i:: ,Person for the purpose of g-IVing him a taste ;;-irf;pr;s-;;vm:I;i as a lesson." 20. It is observed that the principle to be deduced from the various sections jn the crI-minal Procedure code was that grant of bail js the rule and refusal js the exception. An accused person who enjoys freedom I-S I-n a much better posjt]|on to look after hI`S Case and {o properly defend himself than if he were in custody. As a presumably innocent person, he is therefore entitled to freedom and every opportun[lty to look after his own case. A presumably innocent Person must have his freedom to enable hI-m tO establish his innocence. 21. At thI-S Stage, the aIIegatI-OnS against the petitioner are subJ-eCt tO the triaI's outcome. The trial is anticipated to take a considerable amount of time. Bail serves the purpose of allowing an accused to remain free unt" their guilt or innocence js determI-ned. lt is settled law that mere apprehens[-on that the accused would tamper with the prosecution's evidence or intimI-date Witnesses cannot be a ground to refuse bal'I unless the prosecution shows that the accused has attempted such tamperI'ng/intimidation. 22. The petl-tioner's continued preventive custody cannot be based on an unsubstantjated suspicion that he mI-ght tamper wl'th the evidence or influence witnesses. GI-Ven the penal provisions invoked vis-a-vis pre-trial custody, coupled with the prima facie analysI'S Of the nature of allegatI'OnS, and the other factors peculiar to {hI'S Case, there would be no jus{jfjability for further pre-tr['al incarceration at this stage, subject to the compl]'ance w['th the terms I,5-,3,. 10 and conditions mentioned in this order. lt is not in dispute that the petitioner has a permanent abode; {hefe is no possibility of fleeing from justice. 23. This court views that unless `exceptional circumstances are brought to the notice of`the court which may defeat the proper investigation and fair trial, the court will not decline bail to a person who is not accused of an offence punishable with death+or imprisonment for life. ln the present case, no such exceptional circumstances have been brought to the notice of this court which may defeat a proper investigation to decline bail to the petitioner. 24. As seen from the record, the Police filed the charge sheet after completion of the investigation. Thus, the Petitioner/Accused is no longer required for the investigation. So, the-release of the accused would not hamper the investigation. [{ is uncertain when the trial in the present case will commence. There is no material to show that the grant of bail to the petitioner would defeat the ends of justice. Nothing on the record suggests that the Accused will likely commit an offence if released on bail. 25. For the reasons stated above, this court views that bail can be granted to the petitioner/A.2 with the following conditions: (a) petiti6ner/A.2 shall be released on bail on executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the like sum each to the satisfaction of the Spec'laI Judge for SPE and ACB Cases - Gum - Additional District and Sessions Judge, Nellore. (b) On release, the Petitioner/A.2 shall appear before the lnvestigati.ng Officer concerned once in a month between 10.00 AM and 01.00 PM for six (06) months. (c) The Petitioner/A.2 shall not directly or indirectly contact or threaten the witnesses under any circumstances. Any such attempt shall be construed as an attempt to influence the witnesses and shall not t`- r`~`fu ll tamper with evl-dence. The Petitioner/A. 2 shall cooperate with the investigatI'On. (d) The petitioner/A.2 shall not leave India without the prI|Or Permission of the court concerned. (e) It is made clear that the petitioner shall scrupulously comply with the conditions mentioned above. Any breach of the above conditions shall be viewed seriously, and the prosecution shall be at liberty to file a petition for cancellation of bail. However, nothing stated herein shall be construed as an expression on the merits of the case. 26. Accordingly, the Criminal Petition is a//owec'. Miscellaneous applications pending, if any, shall stand closed. Sd/- K.TATA RAO //TRUE COPY// • DEP#RjS For/ ISTRAR SECTION OFFICER To, 1. The Special Judge for SPE & ACB Cases-Gum- Additional District and Sessions Judge, Nellore. 2. The S.H.O., East PS, Tirupathi District. 3. The Special lnvestigatI'On Team, SIT Office, Old SCBC Building, Opp. Balaji Link Bus Stand, AIipiri, Tirupathi. 4. One CC to M/s. VMR LEGAL,-Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy KN \ HIGH COURT TMR,J DATED : 15/07/2025 ORDER CRLP.No.6962 of 2025 ALLOWED _ap - k - <-= \\ \uLT\\\ == E=[