APHC010457342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9115/2025 Between: Keerthipati Narasimha Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. NAGARAJU N Counsel for the Respondent/complainant: 1. 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 „the BNSS‟) by the Petitioner/Accused No.2, for granting of pre-arrest bail in connection with Crime No.520 of 2017 of Rajampet (U) Police Station, registered for the alleged offence punishable under Sections 409 r/w 34 of Indian Penal Code (for short „the IPC‟). 2 CASE OF THE PROSECUTION: 2. The case of the prosecution is that as per the proceedings in Rc.No.17334/2011/PC-3, dated 21.09.2012 of the Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad, an inquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 was ordered with particular reference to sale of assigned lands by the SCDR/OSD, DCCB Limited, YSR District, Kadapa for the period from 2008. Chandra Sekhar, SCDR/District Cooperative Officer, YSR District, Kadapa was authorized to conduct statutory inquiry into the irregularities and submit the Rules in Mannur Primary Agricultural Cooperative Society Limited, Mannur, Rajampet Mandal and submitted the report to the Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Mr.Nagaraju, learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The Petitioner is aged about 75 years and he is suffering some ailments, and his arrest would cause damage to his health condition. The Petitioner is willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. The Petitioner has got fixed abode. 4. It is further submitted that there is no recovery attributable to the Petitioner and custodial interrogation period was over and such custody is not 3 warranted in the facts and circumstances of the case. The Petitioner has cooperated with the investigation and there is no likelihood of absconding or tampering with the prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioner/Accused No.2 in the interest of justice. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 5. Per contra, Ms. P. Akila Naidu, learned Assistant Public Prosecutor vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioner is imperative for eliciting material facts. It is submitted that if the Petitioner is granted pre-arrest bail, there is a grave apprehension that he may not cooperate with the investigation and may evade the process of law. 6. It is further urged that the prosecution also apprehends that the Petitioner may influence witnesses or tamper with evidence, thereby obstructing the fair and impartial investigation. In view of the seriousness of the allegations and the potential risk to the progress of the investigation, it is prayed that the instant bail application be dismissed. 7. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 4 POINT FOR CONSIDERATION: 8. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of pre-arrest bail?” ANALYSIS: 9. The petitioner/accused No. 2 is aged about 75 years. He retired as the Chief Executive Officer of Mannur PACS and is a permanent resident of Rachapalli, Madanagopalapuram, Annamayya District. The irregularity in question pertains to the year 2018. In February 2012, an enquiry was initiated under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964. On 26.12.2017, an FIR was lodged by the Divisional Cooperative Officer, Rajampeta. The Criminal Petition Nos. 45, 78, and 95 of 2018 were filed by accused Nos.1 to 3 seeking for quashment of the proceedings in FIR No. 520 of 2017 of Rajampeta Police Station. For some time, a stay was in operation. However, all the petitions were later dismissed for non-prosecution. 10. The learned Assistant Public Prosecutor submits that accused No. 1 has died. The investigation could not proceed further due to the stay obtained by the petitioner and other accused in the criminal petitions filed for quashing the proceedings. So far, only one witness has been examined by the Investigating Officer. 5 11. Considering the facts and circumstances, the gravity and nature of the allegations levelled the Petitioner, this Court is inclined to grant pre-arrest bail to the Petitioner/ Accused No.2. CONCLUSION: 12. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the Petitioner/Accused No.2shall be enlarged on bail subject to heexecuting 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; ii. The Petitioner/Accused No.2shall make himself available for investigation as and when required; iii. The Petitioner/Accused No.2shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused No.2shall appear before the Station House Officer concerned as and when required. v. The Petitioner/Accused No.2shall not leave the district limits without the express permission from the Station House Officer concerned. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.09.2025 S D P 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.9115 of 2025 Date:15.09.2025 S D P