Matta Rushi Meenakshi v. The State of Andhra Pradesh
CRLP/7483/2025 · 2025-07-28
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25376 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25376 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
_ _-> \, lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI \` ) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7483 OF 2025 Between : Malta Rushi Meenakshi, C/o. Veera Sathish, age.d 40 years, R/a. D.No.13-2- 17KV, Jaggayya Cheruvu, Near: Ramalayam, Pithapuram, East Godavari District, Andhra Pradesh. (A-3) AND ...Petitioner The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hl-gh Court Buildl'ngs at Nelapadu, Guntur District, Andhra Pradesh. Gollaprole Police Station, Kakinada District. .,.Respondent/Complainant Petition under Section 482 of BNSS/438 of Cr.P.C. is filed praying that in the circumstances stated in the memorandum of grounds filed jn support of the Criminal Petition, the High Court may be pleased to grant Anticipatory Bail
to the Petitioner in Crime No. 107 .of 2024 of Gollaprole Police Station, Kakinada District, pending disposal of the bail application.
IANO: 1 OF2025 Petition under Section 528 of BNSS/482 of Cr.P.C. is filed praying that in the circumstances stated' I-n the memOrand'um Of grounds filed in support of the petition, the High Court may be pleased to grant interim Anticipatory Bail to the Petitioner in the event of-her arrest in Crime No. 107 of 2024 of Gollaprole Police Station, KakI|nada District, Pending disposal of CRLP 7483 of 2025, on the file of the HI'gh Court. 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 SRI V SAI KUMAR Advocate for the Petitioner, and of PUBLIC PROSECUTOR for Respondent, and the Court made the following
ORDER:
ORDER:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7483/2025 criminal petition has been filed under Sections 480 and 482 of the Bharatiya Nagarik Suraksha Sanhita, 20213 (for brevity lthe BNSSJ) {sect'lons 437 and 439 JOf the Code of Cr-lminal Procedure, 1973 (for brevity [the cr.p.c')} by the petitioner/Accused for granting Pre-arrest bail -ln connection with crime No.107 of 2024 of Gollaprole Police station, Kakinada D-lstrict, registered for the alleged OffenCeS Punishable under sections 417 and 420 of the Indian Penal Cod?,1860 (for brevity (the I.P.Cl). 2. The case of the prosecution iS that the accused resorted Cheating innocent women under the guise of disbursing loans under the ltDwaraka" scheme at low interest rates, With the assurance that Such loans would later be waived off by the government which occurred prior to 12.04.2024 at Chebrolu village and Was reported On 12.04.2024 at ll:00 A.M. The complainant and Seven Other women, all Victims, Were approached by Accused Nos.1 and 2. The accused convinced them that they would facilitate government loans at low interest rates, Which COuld I eventually be waived by the government. Believing their representation, the complainant and others handed over their Aadhaar cards, bank account passbooks, and signed documents. Aft,er some banking c_-`
I Dr.YLR, J Crl.P.No.7483 of2O25 Dated 29'.07.2025 procedures, Accused No.1 dI-Sbursed Rs.50,000/-{o each of the victI'mS, who ln turn regularly pald monthly Installments to her. However, recently, the complaI'nant and other vICtlms receIVed notICeS from Baroda Bank, pjthapuram, sta{jng that they had aval-led loans of Rs.2,00,000/- each and had falled to repay the installments, and demanding immedl'ate repayment of the same. upon confrontl-ng the accused, they did not respond. The vjc{ims later dl'scovered that the accused had fraudulently avail6d Rs.2,00,000/- loans from Baroda Bank, pjthapuram, jn their names by formI-n,g various Mahila groups, but had disbursed only Rs.50,000/-to the complajnant and three others. The remajnl'ng amount was ml-sapproprI-a{ed by the accused without the knowledge or consent of the vI-Ctl-ms, thereby cheated them to a tune of Rs.14,00,000/-I-n total. 3. Sri V. SaI' Kumar, the learned counsel for the petjtjoner, submits that the petltlOner has not comml[ted any offence, she was falsely impll'cated jn this case. she js the sole bread wI'nner of her famI-Iy. She is ready to abI'de by any conditI'OnS tO be I-mPOSed by this Court. It I-S urged to grant pre-arrest,bail to the petitioner. 4.
Per confra, Mr.Neelotphal GanJ-I-, the learned Assistant public prosecutor, opposed ,n granting pre-arrest ba" statlng that inves{lgatIOn I-s not yet completed. If the petI-tiOner is granted pre-arrest baH she wI'Il _-' -
I- i JC Dr.YLR, J Crl.P.No.7483 of 2025 Dated r29.07.2025 not be available for the investigation, and it is urged to dismiss the pre- arrest bail petition. 5. Perused the record. 6. On careful perusJal Of the record, the petitioner was being a community coordI'natOr Of Pithapuram cluster joined as a member of Kanaka Durga Self Help Group which was contrary to SERP terms and conditions. The petitioner is a government servant. she is placed under suspension pursuant to the report lodged by the de-facfo complainant in I Crime No.177 of 2024 of Pithapuram Rural Police Station. The pe{it'ioner is a female having two children. Except confession of Accused No.1 in mediators' report nothing was traced, so far, against the petitioner. 7. lt is the contention of the learned counsel forthe petitionerthat the signatures of the petitio-her were forged. confession of a co-accused in Crime No.177 of 2024 of Pithapuram Rural Police Station, the petitioner herein was shown as accused in this case. lt is contended that the Petitioner had paid her loan amount, and her group loan account is also I closed. Indeed, there are no adverse antecedents reported again;I the Petitioner except the present series of incidents. The alleged transaction PertaI'ned tO the Period Of the year 2O18 to 2024. The petitioner was roped into the case as the Accused No.2 got a vengeance agai.nst the Q`.- l-_. TEH7H Dr.YLR, J Crl.P.No.7483 of 2025 Dated 29.07.2025 Petitioner, aS Per the Version Of the Petitioner. The petitioner has fixed abode and permanent residence. The material portion of the investl'gatl-on Its completed. Hence, the question of petl'tI-Oner threatening the wl-tnesses or hampering the investigation may not arI'Se. 8. There seems to be no justification to require the petitioner first to submit to custody, remain in prison for some days and then apply for bail.
A great I'gnOmI'ny, humiliation and disgrace is attached to arrest, if the petitioner is arrested. Further, the alleged incident occurred prior to 12.04.2024 i.e., more than one year ago. The delay I-S not PlauSI'bly explained. 9. To maintain a balance in between the two factors namely no PreJ-udI-Ce Should be caused to free, fair and full investigation and Prevention Of harassment, humiliation and 'unjustified detention of the Petitioner, thI-S Court I'nCIines to grant pre-arrest bail to the petitioner wI'th the following stringent conditions. 10. . Further, this Court, Qn 26.02.2025 in CrI.P.No.662 of 2025 granted I Pre-arrest bail to the petitioner in crime No.177 of 2024 of Pithapuram Rural Poll-Ce Station, Kakinada District registered for the offences Punishable under Sections 406, 408, 409, 471 and 420 of fthe I.P.CJ. .-
•z • Dr.YLR,J Crl.P.No.7483 of 2025 } Dated29.07.2025 ll. Considering the nature of the allegations leveled against the petitI'Oner and the alleged role played in this case by the pe{jtjoner in {h[-s case, thI'S Court feels it appropriate to grant pre-arrest bail to the Pe{jtiOner, being a lady and government servant. 12. In the result, the criminal Petition js allowed wI-th the following -conditI-OnS: i. ln the event of herarrest, the petI'tiOner/Accused shall , be enlarged on bail subject to she executI'ng a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), each with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused shall make herself available for investigation as and when required; iii. The PetitI'Oner/Accused shall not cause any threat, I'nduCement or promI|Se tO the prosecution witnesses; iv. The Petitioner/Accused shall appear before the Station House OffI'Cer COnCerned once a week i.e., every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
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` `JI Dr.YLR, J crl.p.No.7483 of 2025 Dated 29.07.2025 v. The Petitioner/Accused shall not leave the limits Of the -state of Andhra Pradesh without the express Permission from the station House Officer concerned. I sd/- K.TATA R..4`O DEPUTY //TRUE COPY// sECT!ON OFFICER For, I Toll The Station House Offlcer, GollaprOle Pollce Statlon, Kakinada Dlstrlct
2. One CC to SRl. V SAI KUMAR, Advocate [OPUC]
3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC]
4. One spare COPY KN I _-_i
HIGH COURT DR.YLR,J DATED : 29/07/2025
ORDER CRLP.No.7483 of 2025 ALLOWED