I.N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATh,~ THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE kJ';A :PRESENT-- `rf- THE HONOURABLE DR JUSTICE Y. LAKSHMANA R _ -.(..-,,....,,.--,a a CRIMINAL PETITION NO.. 8233 OF 2025 \gdspvirf^ Between.- rf Harbans singh @ Raja Singh, s/o. Joginder singh, Aged about 42 years, R/o. u, D.No. 20A/198, Tilak Nagar, west Delhi-110018. ut . . .Petitioner/Accused No.ll I AND The State of Andhra pradesh, Rep.by its station House Officer, KIA Police L--, - station, Penukonda Mandal, sri satya saI-District. er .I.Respondent/complainant petition under section 48v2 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds fI-led in Support Of the crimI'naI Petition, the High Court may be pleased to enlarge the +-`., petitI-OnerS/Accused No.ll, on Anticipatory bail in the event of his arrest by the staff of the KIAP.S., in FIR vide Cr. Nofaz4 of 2025. The petition coming on for hearl'ng, upon perusing the petl-tI-On and the memorandum of grounds filed jn support thereof and upon hearing the arguments of sri Tanikonda Ave*Advocate for the petltiOner, and of PUBLIC PROSECUTOR for Respondent, and the court made the following ORDER: ``,. V APHCO10409152025 Eri± lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8233/2025 Between : Harbans Singh Alias Raja Singh '\ AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: Tanikonda Aveda [3521 I ."PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS') by the Petitioner/Accused No.ll for granting of pre-arrest bail in connection ivith Crime No.24 of 2025 of KIA Police Station, Sri Sathya SaI- District, registered for the alleged offences punishable under Sections 318(4), 316(2), 61(1) of Bharatiya Nyaya Sanhita, 2023 (for brevity lthe BNS'). =.-_' _li_a 9 .2 Dr.YLR, J Crl.P.No.8233 of 2025 • 1 Dated 04.09.2025 2. The case of{he prosecution is that information relating to commission of QffenCeS Of Cheating, Criminal breach of trust, and criminal conspiracy involving misappropriation of property at Kia India Private Limited, Erramanchi- Village, Penukonda Mandal, prior to 12.12.2024 was reported to the police on 19.03.2025 at 12:30 PM, following the discovery of 940 missing engines during a stock reconciliation in January 2025, resulting in significant loss. Investigations revealed recurring discrepancies since 2020, with a key incident on 12.12.2024 wherein Accused No.1, Mr. Patan Saleem an employee was captured on ccTV`=ntering and exiling the Engine Shop (Mobis Gate) during unauthorized vehicle movement. He allegedly conspired with former employees to divert engines received from Hyundai Motor India (HMI) using falsifI'ed dispatch records. The accused dishonestly misappropriated property, employed fraudulent documentation, an'd acted with common intention. EvI'denCe includes irregular gate entries, reconciliation mismatches, and missing engine serial numbers, indicating a systematic conspiracy. The case was registered based on a complaint filed by Mr. K. Sai Nandan (35), S/o Babu Rao Karumanchi, Head of Prodliction Management at Kia India Pvt. Ltd. 3. Sri P. Chidambaram, the learned Senior Counsel appearing Sri Tanikonda Aveda, the learned counsel for the petitioner contends that the Petitioner iS innocent Of the alleged offence and has been falsely implicated Py the police. lt is further submitted ttlat the petitioner is the sole earning ®---.----=` I t11i``. Dr.YLR, J crl.p.No.8233 of 2025 Dat-ed 04.09.2025 member of his family and, he is ready to abide any conditions that may be imposed by this court, and it is urged to grant pre-arrest bail to the petitioner. 4. Per confra, Mr Neelotphal Ganji, the learned Assistant Public prosecutor vehemently opposed the grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material w-[tnesses remain to be exam-[ned. lt is contended that if the petitioner is released on pre-arrest bail, there -ls a strong [ikel'[hood that he may abscond, thereby hampering `the ongoing invest'[gation and evading the process of law. ln view of the foregoing submissions, i{ is urged that the pet-ltion be dismissed. 5. I Heard the learned COunSel for the Petitioner and the learned Ass|lstant publ®lc prosecutor. perused the record. 6. As seen from the record, the allegation against the Pet-lt'lOner/Accused No.ll is that he had Purchased nearly 200 KIA engines from the company Of the de-facto complainant located in Ananthapuram. The learned Assistant public prosecutor submits that the petitioner has already been issued notices twice under section 35(3) of fthe BNSS]. Therefore, it -lS Submitted that the petitioner may not have any apprehension of arrest. 7. On the other hand, Sri P. Chidambaram, the learned Sen'lor Counsel appearing sri Tan'lkonda Aveda, the learned COunSel for the Petitioner SumbitS that the police again asking the petitioner to come to police station and surrender the 200 eng-lnes which are not in his POSitiOn and he has not I-1 i 4 Dr.YLR,J Crl.P.No.8233 of 2025 Dated 04.09.2025 purchased the same from the other accused. The petitioner is a resident of Tilak Nagar, West Delhi. He is dealihg with scrap business. 8. The learned Assistant Public Prosecutor has brought to the notice of this court that, pursuant to the notices issued under section 35(3) of {the BNSS7, the' petI-tiOner appeared before the police and his statement was recorded. ln the said statement, he admitted to having sold 200 engines, which he had procured from the other accused, to 'various persons in Delhi. The petitioner, bein``g arrayed as one of the accused, is bound to cooperate with the Investigating Officer within the legally permissible limits. 9. Considering the entire gamut of{he case, the gravity and nature of the allegations leveled against the Petitioner/Accused No.ll, his alleged role played in this case, and the fact of issuing Section 35(3) of fthe BNSS.,I notices to him, this Court deems it fit to grant pre-arrest bail to the petitioner. 10. ln the result, the Criminal Petition is allowed with the following conditions: i. ln the event of his arrest, the Petitioner/Accused No.ll shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only), with - two su`re{ies for the like sum each to the satisfaction of the arresting police officials; 5 Dr.YLR, J Crl.P.No.8233 of 2025 Dated 04.09.2O25 ii. The Petitioner/Accused No.ll shall make himself available for investigation as and when required; iii. The Petitioner/Accused No.ll shall not cause any threat, inducement or promise to the prosecution witnesses; I-V. The Petitioner/Accused No.ll shall appear before the Station House Officerconcerned once in aweek i.e.,on every Saturday between 10.00 a.m. and 5.00 p.m., till filingof the charge sheet. \ v) The petitioner/Accused No.ll shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. ASSISTANT SD/-M. PRABHAKAR RAO c_---.- //TRUE COPY// SECT!Olde{' 'Or-FICER R5;GJJS TRA R For Tol , - 1. The Station House Officer, KIA Police Station, Penukonda Mandal, Sri satya sai District. u~ |,,, 2. One CC to Sri. Tanikonda Aveda, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC] 4. One spare copy KN L/ i JTr '\ i ` i _I \ HIGH COURT DR.YLR,J DATED : 04/09/2025 ORDER CRLP.No.8233 of 2025 ALLOWED