1 APHC010345702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7153/2025 Between: 1. BAPATHI VENKATESWARA REDDY, S/O PEDDA KONDA REDDY, AGED ABOUT 52 YEARS, BUSINESS, R/O D.NO.7/84, PEDDAPASUPULA VILLAGE, PEDDAMUDIAM MANDAL, Y.S.R. KADAPA DISTRICT. 2. BAPATHI NARAYANA REDDY,, S/O. CHINNA KONDA REDDY, AGED ABOUT 52 YEARS. BUSINESS, RESIDING AT D.NO.7/89B, PEDDAPASUPULA VILLAGE, PEDDAMUDIAM MANDAL, Y.S.R. KADAPA DISTRICT.. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Station House Officer, PeddamudiamPolice Station, YSR Kadapa District, through Public Prosecutor at High court of Andhra Pradesh at Amaravathi. ...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/release the Petitioners herein/Accused No. 3 and 4 on bail pending trial and enquiry in connection with Crime No. 115 of 2023 dated 23-08-2023 on the file of Peddamudiam Police Station, Peddamudiam, YSR Kadapa district and pass such other order or orders. 2 Counsel for the Petitioner/accused(S): 1. V NITESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners / Accused Nos.3 and 4 on bail in Cr.No.115 of 2023 of Peddamudiam Police Station, YSR Kadapa District, registered against them for the offences punishable under Sections 403, 409, 420, 467 and 471 r/w 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’). 2. The case of the prosecution is that accused Nos.1 to 4 being the partners of M/s. Sri Sainath Warehouse, approached the City Union Bank, Proddatur, requested to sanction loans to the farmers who kept their Bengalgrams in the said warehouse by pledging warehouse receipts issued by them. On verification, the bank sanctioned loan to an amount of Rs.7,48,00,000/- to 68 farmers, who kept their stocks in the said warehouse. Later, A1 to A4 sold out their entire stocks without informing to the bank officials and without clearing the loan taken from the bank and utilized the 3 entire amount for their own purpose and they have committed the aforesaid offences. Hence the present crime. 3. Sri V.Nitesh, learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole breadwinners of their respective families; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed grant of bail to the petitioners and prays to dismiss the petition. 5. Perused the record. 6. The allegation levelled against the petitioners / A3 and A4 is that, they have siphoned an amount of more than 8 crores of rupees by taking loans in the name of several gullible farmers. The investigation reveals that so far 62 witnesses have been examined by the Investigating Officer. The farmers in whose name loans were obtained by allegedly creating false documents and forging the signatures have already been examined by the police. The learned Single Judge of this Court in Criminal Petition No.6189 of 2024 by order dated 04.12.2024, enlarged the accused No.2 on pre-arrest bail. Petitioner No.1 / accused No.3 has been in judicial custody since 08.05.2025 i.e. for the past 70 days and the petitioner / A4 has been in judicial custody since 13.05.2025 i.e. for the past 65 days. The case was unearthed based on 4 the private complaint lodged by the de facto complainant. The police registered F.I.R. as per the directions of the learned Magistrate concerned under Section 156 (3) of Cr.P.C. 7. In view of the fact that the material portion of the investigation is completed, the nature of the allegations levelled against the petitioners and their alleged specific role played in this case and the period of detention, this Court deems it fit to enlarge the petitioners on bail. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioners / Accused Nos.3 and 4 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Jammalamadugu. ii. On release, the petitioners / Accused Nos.3 and 4 shall appear before the Station House Officer concerned, on every Sunday in between 10:00 am and 05:00 pm, for a period of three (03) months or till filing of the charge sheet. iii. The petitioners / Accused Nos.3 and 4 shall not tamper or hamper the evidence and shall cooperate with the 5 investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. ________________________ DR. Y. LAKSHMANA RAO, J Date: 17.07.2025 ARR 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7153 of 2025 Date: 17.07.2025 ARR