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2025 DAILYLAW 25707 (AP)

Hari Mohan alias Hari Mohan Rana v. The State of Andhra Pradesh

CRLP/7534/2025 · 2025-07-30

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Or-lginal Jurisdiction) THURSDAY ,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7534 OF 2025 Betwee n : Hari Mohan @ Hari Mohan Rana, S/o Shri Mangu Singh, aged about 50 years. Presently residing at F-406, Ganapati Enclave, Dadpur, P.O./P.S. Bahadrabad, District FIaridwar, Permanent Resident of Village-Kuralsi, P.O.-Kuralsi, P.S. Budhana, District Muzaffarnagar, Uttar Pradesh. Petitioner/Accused No.12 -,AND 1. The State ofAndhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh atAmaravati. 2. The Investing Officer, SIT, Andhra Pradesh,Tirupathi. Respondent/Complainant Petition under Section 480 & 483 OF BNSS ACT is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner / Accused No.12 on regular bail in connection in connection with Crime No. 470 of 2024, registered at East Police Station, Tirupati The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri M Venkata Sai Nikhil Kasllyap Advocate for the Petitioner, PUBLIC PROSECUTOR Advocate for the Respondent(s) and the Court made the following. ORDER Dr.YLR, J Crl.P.No.7534 of 2025 Dated 31.O7.2O25 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 fthe Cr.P.C.I) / Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the Petitioner/Accused No.12 on bail in Crime No.470 of 2024 of East PolI'Ce Station, Tirupati District, registered against the petitioner/Accused No.12 herein for the offences punishable under sections 274, 275, 316(5), 318(3), 318(4), 61(2), and 299 read with 49 read with 3(5) of Bharatiya Nyaya SanhI-ta, 2023 (for brevity ithe BNS'), and Sections 51 and 59 of the Food Safety And Standards Act, 2006 (for brevity lthe Act'). 2. The facts in brief, as presented by the prosecution, state that this case Pertains tO Cheating, Criminal breach of trust by a merchant, and causing wrongful loss to the Tirumala Tirupati Devasthanams (TTD) with dishonest and common intention. The allegation is that M/s AR Dairy Food Private Limited, DindiguI, Tamil Nadu, in conspiracy with other vested interests, supplied adulterated and substandard cow ghee, thereby violated the conditions of the tender agreement entered with TTD authoritI'eS. 3. It is further alleged that this was done with criminal conspiracy and malicious intent to hurt the religious serltiments of Hindu devotees of Lord Sri Venkateswara Swamy, Tj`rumala, by deliberately supplying impure ghee i\\. -ffgr'.I_,;-.,..-.,I . / i 3 Dr.YLR, J crI.P.No.7534 of 2025 Dated 31.07.2025 12.07.2024 and occurred at the TTD Administration Building, Tirupati. A formal complaint was lodged at East Police Stat'lon, Tirupati, on 25.09.2024 at 1:45 PM by the complainant, Sri P. Murali Krishna, General Manager (procurement), TTD, T'IruPati. As per the complaint, TTD had called for tenders on 12.03.2024 for the supply of 10 Iakh kilograms of Agmark Special Grade Cow Ghee. The tender was final'lZed On 08.05.2024, and a supply Order was issued on 15.05.2024 to M/s AR Dairy Food Private Limited, DindiguI. The firm subsequently Supplied four tanker loads Of ghee On 12.06.2024, 20.06.2024, 25.06.2024, and 04.07.2024, respectively. Samples from the supplied ghee were sent confidentially to NDDB CALF Lab, Anand, Gujarat, for testing. The laboratory report dated 12.07.2024 confirmed that the ghee was substandard and adulterated, containing both vegetable and animal fat- based adulterants, including LARD. Based on this lab report, the COmPlainant, p. Murali Krishna, lodged a complaint With the Station House Off'lcer (SHO), East Police Station, Tirupati, requesting legal action against M/s AR Dairy Food Private Lim-lted, Dindigul, for breaChing tender agreement Clauses and comm-ltting cheating for wrongful gain. 4. Heard learned counsel for the Petitioner and the learned Special Public Prosecutor. 5. Sri Srinivas Basava, learned' counsel, representing Sri M.V.S.Nikhil Kashyap, the learned COunSel for the Petitioner, submits that the Petitioner I-I___ ___ I__ ,I;`'.._A f^I^^l`, :~nl:^^+^^l :r` +hie raea-ha ie Crl.P.No.7534 of 2025 Dated 31.07.2025 the sole bread winner of his family,I and urged that the petI'tiOner has been in the judI-CIlal custody for the past 130 days. The Petjtjoner was arrested on 21.03.2025. The learned counsel for the pe{jtioner further submits that the petitioner has already left the Bhole Baba company, but there are no averments to that effect I'n the petition,I he is ready to abide any condI-lions tO be l'mposed by this court, and I-I iS urged to grant bail to the petitl|oner/Accused No.12. 6. per confra, sri p.s,p. suresh Kumar, the learned specI|aI Public prosecutor, vehemently argued that there are increasing number of instances wherein the petitioner threatened witnesses,- dI-d not respond to a notice issued under section 35(3) of tthe BNSSi the petl-tioner indulged in raising l'nvojces of company for adulterated ghee; because of the non-cooperation and llnadvertent attlltude of the petI-tiOner, the I-nVeStl'gatI-ng agency could not locate the other persons involved in this case. Hence, I-I I|S urged to d['smjss the pe[jtion. 7. However, as seen from the record, the petjtl'oner/Accused No.12 was only a plant General Manager of Bole Baba company. A" the other accused, except th[[s petI'tjOner, have been enlarged on bat-I. Thf-s Court, on 28.07.2025 Ion crI,P.No.7467 of 2025, enlarged Accused No.15 on ba" with stringent condjtI'OnS. 8. consI-derl-ng the gravI-ty and nature of the allegations ]eve]led against Petitioner, and his allecled rnlf± nla`,ar, in +h;- A--- J[I- 5 Dr.YLR, J crI.P.No.7534 of 2025 Dated 31.07.2025 undergone by him in the judicial custody, this court deems it fit to enlarge the petit'loner/Accused No.12 on bail. This Court is of the OPiniOn that if Certain stringent conditions are imposed on the petit'loner for securing his presence before the learned Trial Court for trial, the interest Of juStiCe WOuld be met. 9. ln the result, the Cr'lminal Pet'ltion is allowed With the following conditions'. i. The Petit'IOner/Accused No.12 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.1,6o,ooo/-(Rupees One Lakh Only), w-lth two sureties for the l'lke sum ea`ch to the satisfaction of the learned Special Judge for SPE and ACB Cases-Gum-II Additional District and Sessions Judge, Nellore. ii. The Petitioner/Accused No.12 shall app`ear before the station House Officer, East Tirupati- Police Station, Tirupati District, on every fifteen days in a month, till the conclusion Of the Trial. iii. The Petitioner/Accused No.12 shall not leave the limits of the country without prior permission from the Investigating Officer. iv. The Petitioner/Accused No.12 shall not commit or indulge in similar offences in future. v, The Petitioner/Accused No.12 shall cooperate With the investiaatina officer in further investigation of the case and shall •See-I-a E, \ € i= D,. y[RS Crl.P.No.7534 of 2025 Dated 31.07.2025 be available to the investigating officer as and when called by him. vI') The petitioner/Accused No.12 shall surrender his passport, if any, to the investI'gating offllCer. If he claims that he does not have a Passport, he shall submit an affidavit to that effect to the lnvestI'gating OffI-Cer. I 1 For /, //TRUE COPY// DEP#G ScI/-K.TATA RAO !S.TEAR SECTION OFFICER ` 1jj To, 1. The Special Judge for SPE and ACB Cases-Gum-II AdditI-OnaI District and Sessions Judge, Nellore. 2. The Superintendent, central prI-son, Nellore 3. The Station House Officer, East Police Station, TirupathI-. 4. One CC to Sri. M Venkata sai NikhiI Kashyap Advocate [opuc] 5. Two CCs to srI'. P.S.P.Suresh Kumar, SPI.Public Prosecutor for CBI High Court ofA.P., AmaravatI' [OUT]. 6. Two CCs to public Prosecutor (AP) HI-g'h Court of A.P., Amaravati [OUT]- 7. One spare copy E` |® HIGH COURT DR.YLR,J DATED:31/07/2025 BAIL ORDER CRLP.No.7534 of 2025 ALLOWED