[3521] lN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI FRIDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8446 OF 2025 Between: Adabala Venkata Rameswara Rao, S/o Panduranga Rao Babji, D.No.3-168, Sri geethanjali Grand, Gandhi Nagar, Morampudj, Rajahmundry, East Godavari Dist Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of AP, Amaravati 2. The Station House $6fficer, Rajahmundry lI Town PS, East Godavari Dist Respondent/Complainant Petition under section 482 of BNSS Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased to direct the respondents to enlarge the petitioner on Bail on any terms and conditions to be imposed, in the event of his arrest in Cr.No.I56 of 2025, on the file of Rajahmundry ll town Police Station, East G,odavari District, in the interest of Justice; COUNSEL FOR PETITIONER: MS. K.S.G. Padmavathi COUNSEL FOR RESPONDENTS Public Prosecutor The Court made the following ±£3±it `. ri APHCO10419432025 lN THE HIGH COURT OF ANDHRA` bRADESH AT AMARAVAT] (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8446 OF 2025 [3521] Between : 1,ADABALA VENKATA RAMESWARA RAO, S/O PANDURANGA RAO BABJl, D.NO.3-168, SRI GEETHANJALI GRAND, GANDHI NAGAR, MORAMPUDI, RAJAHMUNDRY, EAST GODAVARI DIST ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATl 2.THE STATION OUSE OFFICER, RAJAHMUNDRY ll TOWN PS, EAST GODAVARI DIST ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. K.S.G. PADMAVATHI counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagar-lk Suraksha Sanhita, 2O23 (for brevity tthe BNSS') by the petitioner/Accused No.,1 for granting of pre-arrest ba'll in connection With Crime ``.- \ --- i + t=€ap No.156 of 2025 of Rajahmundry ll.`Town Police Station, East Godavari District, registered for the alleged offences punishable under sections 420 and 409 of Indian Penal Code. 2. The case of the prosecution is that a complaint has been filed by the Executive Engineer (Operations) APEPDCL on 05.07.2025 alleging that the Petitioner while preparing pay bills of each employees have shown variation in E.P.F Contribution, thereby alleging misappropriation of funds of Rs. 15,24,321/-has been alleged against the Petitioner. 3. Mr. G.V.Siva`Ji, learned counsel for the petitioner contends that the petitioner is an innocent of the alleged offence and has been falsely impl-lcated by the police. lt is further submitted that the petitioner is the sole earning member of the 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 cot,ira, 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 undervay and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. -,i_ \.. 6. On perusal of the record, the allegations againstthe Petitioneristhat he has ml'sappropriated the amounts of APEPDCL and also E.P.F Organization to`a tune of Rs.15,24,321/-. This alleged misappropriation was unearthed in the year 2023. Whereas, Executive Engineer, Operations of APEPDCL, Rajahmundry submitted a report to the s.H.O, Rahahmundry ll Town Poll-Ce Station, East Godavari District on 05.07.2025. Thus, there is a delay in lodgI-ng FIR for more than two and half years. The Petitioner has been working as Senior Assistant in APEPDCL for the past two and half decades. It I-s also referred in the report alleged by the defacto complainant to the police that the \ petitioner had deposited that amount into the credit of APEPDCL. 7. Based on the report from the pF Authorities, a Charge Memorandum was issued to the petitioner. Later he was subjected to departmental enquiry and a Show-Cause Notice was issued on the petitioner proposing to reduction of his post to lower post for a period of 3 years, stoppage of increments with cumulative effect during suspension period as such. Later, the Corporation has issued another revised Show-Cause Notice dated ll.09.2024 proposing to change the punishment as compulsory retirement. Questioning the same, the Petitioner had filed w.p.No.22468 of 2024 and an interim order was granted on 04.10.2024 suspending the revised show-cause Notice. Thereby, disciplinary proceedings against the petitI-Oner could not reach tO logical end. 8. The Corporation issued a Memo dated 29.06.2024 based on that except Petitioner, rest of the employees of the corporation were reinstated. a. Therefore, the Petitioner had fiia'dl3W.P.No.12270 of 2025 and this Court vide *#¢ ` order dated 07.05.2025 reinstated the Petitioner into service based on G.O.Ms.No.22, G.A I(Services-C) Department, dated 29.02.2024. The Petitioner is aged 45 years and resident of Gandhi Nagar, Morampudi, Rajamundry. 9. Considering the entire gamut of facts and circumstances of the caseJ gravity of the allegations against the petitioner and delay in lodging the F.I.R for more than two and half years, this Court is 'lnclined to grant Pre-arrest bail to the Petitioner. 10. ln the result`} the Criminal Petition is allowed w'lth the following D conditions: i) ln the event of his arrest, the petitioner/Accused No.1 shall be enlarged on ba'll subject to his executing a personal bond for a sum of Rs.25,000/- (Rupees Twnety Five Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii) The petitioner/Accused No.1 shall make himself available for investigation as and when required; ` iii) The petitioner/Accused No.1 shall notcause any threat, inducement or promise to the prosecution witnesses; iv) The petitioner/Accused No.1 shall appear before the Station House Officer concerned once in a week i.e., on Eri lE= every Monday, Thursday and .,Sunday between 9.00 a.m. and 12.00 noon till filing of the charge sheet. vi) Further, the Petit-loner/ Accused No.1 shall scrupulously comply with the above conditions and any infraction of the same will be viewed seriously and bail automatically gets cancelled without any further Order of this Court. / SD/-SK MD RAFi :oEFG%#A R. ASSISTANT SF_CT!ON /ITRUE COPY// Fort To, 1. The Slat-Ion House Officer, Rajahmundry ll Town PS, East Godavari Dist 2. Two CCs to the Public Prosecutor, High Court of AP, Amaravati (OUT) 3. One CC to Ms. K.S.G. Padmavath-I Advocate [OPUC] 4. One spare copy Ksv l` /I/, c I 1, ® *`-+ \+,`` + ' +\ ++ I_ /~r i. =- f |l{-i . i. I 't.i --i.' ¥? \p}. \ ., . \ ( '\ \ + _ r` i.I-, . + I.,1.\'.. -:* ` '^' I '' 1 •,I HIGH COURT DR:YLRJ DATE: 20-08-2025 ORDER CRLP.No.8446 of 2025 ALLOWING THE CRIMINAL PETITION