.''`-- |-+ ~_ >=T- IN THE HIGH COURT OF ANDHRA PRADESH AT AMA WEDNESDAY ,THE TWENTY THIRD DAY OF J TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7432 OF 2025 Between : Bhogavalli venkata satyanarayana, s/o Ramakrishna Aged about 56 Years, Balaji Towers, Plot No. 401, Near Teachers colony, Tanuku West Godavari District J ... Petitioner/Accusec! AND The State of Andhra Pradesh, through the stall-On House Officer, Nellore Rural Police Station, Rep. by its public prosecutor, High court of Andhra Pradesh, Amaravathi. ...Respondent Petition under sectI-OnS 437 & 439 of Cr.P.C/ Under Sections 480 & 483 of BNSS, 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 grant the Petitioner/Accused on regular bail in Crime No.17 of:J 2025, pending on the fI'Ie of the Nellore Rural Police Station, Nellore District for the alleged offences under section 409, 420 of lPC. The Petl'tion coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearI-ng thel arguments of SRI RAM BABU DEVAVARAPU Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following APHCO10360162025 E= ... E] I iE P= Ill+'|t lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) I- WEDNESDAY, THETWENTYTHIRD DAYOFJULY '-, 'p¥ T`^,A I-I '^l lr`^\lT` ^hl'r` T\A/r=h]T\/ r=[\/I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7432/2025 I+. 'Between : " ~ 'B`h6ga-valli Ve-hkata Satyaharayana AND Thle State of Anc!hlra Prac!esh Counsel for the Petitioner/accused: [3521] M.PETITIONER/ACCUSED I..RESPONDENT,JCO?viP[LAiNANT Ram Babu Devavarapu Counsel I-Or the Respondent/comp]ainant: Public Prosecutor The Court made the following: •ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the q Code of Criminal Procedure,1973 (for brevity [the Cr.P.C.')/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the peti{idner/Accused on bail in Cr.No.17 of 2025 of Nellore Rural Police Station, Sri Potti Sriramulu Ne!Iore District, registered against the petitioner/Accused herein for the offence punishable under sections 409, 420 of the Indian Penal Code,1860 (for short {the I.P.C'). -\ 2 \ Crl.P.No.7432 c. 2 The case of the prosecutJOn IS that prlor to o8 09 2023, at GuDnadt:adp2a3l:7m\ vJIlage, NeIIore Rural Mandal, an offence occurred whl'ch was reported on 29.01.2025 at 10.COO hours. The complajnant, pandlllapalll srI'nIVaSulu, who obtalned a dealershlp from ERISHA (E-MobllI{y PrIVate Llmlted) ln the year 2023 for selllng ER[SHA Company battery-operated autos, transferred the followl-ng amolJn{S tO the accused, BhogavalII- Venkata satyanarayana, who IS the AP State DI'Strlbutor of ERISHA (E-Moblllty Private L,'mited): Rs.2,00,000/- on 23.08.2023, Rs.5,00,000/-on 24.08.2023, Rs.9,00,000/-on o4.09.2023 a" from hls lclcl Bank Account No 285901003236 to the accusedls SBI Account No 20510523001, LabbJPe{ Branch, vljayawada Addjtiona'ly, the complal'nant transferred Rs.6,00,000/- on o8.09.2023 from hI'S SDI Account No42247833166 to the same account of the accused ln total, the I complaI-Rant paid Rs.22,00,000/-to the accused for the supply of ERISHA E-I Mobjllty battery-operated autos However, the accused failed to supply the said autos. upon enquI®ry, the complainan{ came to know that the accused did not remit the amount received from him to the company and thereby cheated him. 3. Heard learned counsel for the petjtjoner and the learned Assistant Public prosecutor. 4. -srj Rambabu Devarapu, the learned counsel for the petitioner, submits that the petltI-Oner has not commJ{ted any offence,I he was falsely jmpljca{ed jn thIS Case, he !s sole bread wlnners of hIS famlly, he fs ready to ablde any cond,'tI'OnS tO be I-mp9Seri7, by th,-S Court,- and uraed fn Qnlarna +h^ n^+:1:--- - \\ Dr.YLR, J Crl.P.No.7432 of 2025 Dated 23.07.2025 5. Perconfra, Ms. P. Akhila Naidu, opposed in granting of bail stating that accusation is well-foun.ded; if the petitioners are granted bail, they Will repeat the same offence and urged to dismiss the bail petition. I I 6. Perused the record. 7. The grievance of the de-facto complainant is that the petitioner/accused collected an amount of Rs.22,00,000/- (Rup.ees Twenty Two Lakhs Only) on different occasions for delivery of vehicles. However, the petitioner neither delivered the vehicles nor returned the money, citing one reason or other. Thereb`y' +lhle compiair[ant suffereci a loss of F`s.28,00,000,I-(F`upees.Twenty EightLaksh Ony). As seen from the invoice and other documents, four vehicles were delivered as per the invoice filed. 8. Be {ha{ as it may, the petitioner has been in judicial custody for the palst 16 days. The `petitioner is not a public serv`ant; therefore, the charge of criminal breach of trust by a public servant would not be attracted. 9. Keeping into consideration the number of days the petitioner has been in judicial custody, the nature of the allegations levelled against him, and his alleged role played in.the case, this Court is inclined to enlarge the petitioner on bail. 10. This Court is of the opinion that if certain stringent conditions are -imposed on the petitioner for securing his presence before the learned Tri,al court for trial, the interest of justice would be met. \'es3---G~ I _i Crl.P.No.7432 \ Dated 23.0`/ ll. In the result, the crI®mlnaI PetI-lion iS allowed with the following conditions,- i. The petitI'Oner/Accused shall be enlarged on bail subject to he executI-ng a Personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the learned IV AddI'{iOnaI Judicial Magistrate of I class, Ne'Iore City. ii. The petitioner/accused shall appear before the station House Officer, Nellore Rural Police Station, Sri Potti Sriramulu NeIIore DI'StrI-Ct, On every Saturday in between 10:00 am and 05:OO pm, till the conclusion of the Trial. iji. The petitioner/accused shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioner/accused shall not commit or indulge jn similar offences I'n future. v. The petI-tI-Oner/accused Shall cooperate with the investjgatI-ng Officer in further investI-gatiOn Of the Case and shall be available to the investigating officer as and when called by him. //TRUE COPY// / sD/- K.SRINIVASA RAJU ASSISTANT SECTIO GISTRAR OFFICER I To, / 1. The lV AdditI-OnaI Judicial Magistrate of I CIass, Nellore City, SPSR Nellore District 2. The Superintendent, central prI'SOn, Nellore, SPSR Nellore District 3. The Station House Officer, NeIIore Rural Police Station, SPSR Nellore District 4. One CC to SRI. RAM BABU DEVAVARAPU Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spar-e copy PSR € t + P_\ li.\l` = .\. l\ ® i . HIGH COURT DR.YLR,J DATED : 23/07/2025 BAIL ORDER CRLP.No.7432 of 2025 ALLOWED