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High Court of Andhra Pradesh · body

2025 DAILYLAW 2800 (AP)

Yakasiri Sudheer, v. The State of Andhra Pradesh,

CRLP/213/2025 · 2025-01-23

K Sreenivasa Reddy

Transfer Petitionbody2025

Judgment text

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'N TJiE HIGH count oF ANDHRA PFtADESH AT AMARAVATJ I/ THURSDAY, THE TWENTY TH/RD DAY oF JANUARY, :_a TH a U S£pNRDE€=NDTj-E';+yuFrISN UA£ THE HONOURABLE SRf JusTJCE K SREENIVASA REDDY Between.. CRJMINALPETITIONNO.,213OF2025 Z yakasln Sudheer, s/o sudhakar, Aged about 32 years, D No 26/8/579, 8th street, VMR Nagar, veda;a-p==:gNee:Ioarbe:ustp3s2RyeNaerI::r= ::sir:c6: AND ' `-PetEtEonerlAccused No.4 The state ofAndhra pradesh,L Rep by Its Pub/,c prosecutor H,gh court of Andhra pradesh, at Ama;::i;;. petJt,on under sect,on 438 of cr p c , & New sect,on 482 of BNSS, IS ...Respondent :Ih:eeldhCaPr::my:;n:i tpheat: ill : nt : :h :Ii:::E§onuoc±mrsa:vatcheed n=:a:_h:e;?,:oeucnt:osn i:e8d2 I :i-s5 :::oustt; I::f the cr,m,hal Petltlon, the HIgh Court may be p/eased to grant ant,c,patory ba" to the pet,I,oner / Accused No 4 In the event of thelr arrest ,n connect,on w,th crlme No 319 of2024 dated 3110 2024 under sectJOns 316(5), 318(4), m 6D::t2r!crt::_3(5 ) of B N S on i;-:fit;el olfuNZe:lZo:eu:::art speo;It:Oen§ta3tlIO6:: )i :::R;:i':::v: :1j Dl'strf'ct. The pet,tIOn comlng on for hear,ng, upon perus,ng the petftfon and the grounds fi/ed ln support thereof and upon hearlng the arguments of /7 sDrrlo sSelcVuatporrafsoardth eReRdedsyp:Visdn:;tt:I :h:e=:ocnuad=e; :Po;r: i+:he^ela:.I:nt:tI Otnheer aa:g; :fue ':£u:lI;: prosecutor fonhe Re:po::==:I,I th^ea=oCuaritem:odre ::ee fopI=ot::nng THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 213 of 2025 ORDER: The Criminal Petition, u/See.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioner/A4 to grant anticipatory bail in connection with Crime No.319/2024 of Nellore Rural Police Station, SPSR Nellore District. 2. A case has been registered against the petitioner and others for the offence punishable under Section 318(4) B.N.S. 3. Case of the prosecution in brief is that: Al approached the defacto complainant through paddy business broker Prasanna kumar reddy and took 69 putties of sugarless paddy from him after negotiating rate of Rs.26,900/- for one putti totaling to Rs.18,56,100/-, on oral agreement that he would pay the said amount after selling the paddy to millers at Nellore. Then he conspired with A2 to A4, hatched up an evil plan of cheating the defacto complainant and took away 69 putties of sugarless paddy from the godown through lorry and sold the same in Chennai and Madurai of Tamilnadu state instead at Nellore and used the sale proceeds for their own without giving to the complainant and thereby breached the trust of defacto complainant and cheated him. 4. Heard. Perused the record. ii= ii= €ijirfz,1 5. A perusal of the material available on record goes tO Show that the accusation as against the petitioner is that, the petitioner and other accused are alleged to have taken away the sugarleSS Paddy from the dfaCtO complainant and sold away the same and sale Proceeds Were not given tO the defacto complainant, and thereby caused breach of trust with the defacto complainant. lt is further stated that A4 paid the amount to Al to A3 and Al to A3 has not repaid the money tO the defaCtO COmPIainant. Mere failure to pay the money would not in any Way come Within the Purview Of 318(4) of B.N.S. Apart from the same, the Petitioner Who SOld the Paddy had paid the substantial amount to Al and A3. Thus the petitioner has discharged his obligation of paying the money to Al to A3. ln view of the same, this court is inclined to grant the Prayer Of Petitioner/A4 for anticipatory bail. 6. Accordingly, in the event of his arrest With regard tO this Crime, petitioner/A4 shall be released on bail On his executing a Personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two Sureties for the like sum each to the satisfaction of the arresting police officials and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. _edZzZ' `---i The petitioner shall appear before the Station House Officer concerned, once in a week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge-sheet. 8. Accordingly, the Criminal Petit'lon is allowed. sd,. Kl. J. 'inJA IBA-BU //T`RU E COPY// EG fSTRAR Tip-:_ _ __ SECTION OFFICER To, 1. The Station House Offilcer, Nellore Rural Police Station, SPSR Nellore District. 2. One CC toSRI SIVAPRASAD REDDYVENATl,Advocate [OPUC] co 3. Two CCs toPUBLIC PROSECUTOR, High Court of A.P.,%# Amaravati. [OUT] 4. One spare copy. PSD C= ./ ,- T/ HIGH COURT SRK,J DATED..23/01 /2025 ANTICIPATORY BAIL ORDER CRLP.No.213 of 2025 ALLOWED 7_ 8 ,JAM 2ft25 vde£gse*.£g!NarRT## }` .\,.|'~