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2025 DAILYLAW 3145 (AP)

BOMMENA BHARATH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/274/2025 · 2025-02-18

K Sreenivasa Reddy

body2025

Judgment text

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APHC010013132025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO Between: 1. BOMMENA BHARATH KUMAR, S/O. BOMMENA ANJANEYULU, AGED 28 YEARS, OCC. PVT. EMPLOYEE, R/O. H. NO. 17 BACHANNAPET, WARANGAL, TELANGANA 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad Counsel for the Petitioner/accused: 1. M TARAK ABHILASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 48 Suraksha Sanhita, 2023, has been filed by the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO. 274 OF 2025 BOMMENA BHARATH KUMAR, S/O. BOMMENA ANJANEYULU, AGED 28 YEARS, OCC. PVT. EMPLOYEE, R/O. H. NO. 17 BACHANNAPET, WARANGAL, TELANGANA-506221. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: This Criminal Petition, under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY BOMMENA BHARATH KUMAR, S/O. BOMMENA ANJANEYULU, AGED 28 YEARS, OCC. PVT. EMPLOYEE, R/O. H. NO. 17-11, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and ...RESPONDENT/COMPLAINANT of the Bharatiya Nagarik accused to grant 2 anticipatory bail in connection with Crime No.309 of 2024 of Yerraguntla Police Station, YSR District. 2. A case has been registered against the petitioner herein for the offences punishable under Sections 316(5), 336(3) & 318(4) of the Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that the accused was appointed as a Sales Officer for YSR Kadapa District at TVS Automobile Solutions Private Limited on 17.12.2020. He later committed fraud by selling tyres from the company’s outlet, JK Tyres in Yerraguntla Town, to his acquaintances and submitting forged receipts with the seals and signatures of one Prasad Reddy of Surya Transport and other regular customers, before 22.10.2024. The accused collected a total amount of Rs.1,23,20,134.20 Ps. from the transactions, misappropriated the amount, and used it for personal purposes without remitting it to the company. A departmental enquiry confirmed the fraudulent activities of the accused, following which he submitted his resignation on 22.10.2024 to evade disciplinary action and the repayment of misappropriated funds, and subsequently absconded. 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that serious allegations of financial misappropriation have been made as against the petitioner herein and that the departmental enquiry also alleged to have 3 confirmed the said accusations. Learned counsel appearing for the petitioner/accused submits that the allegations of misappropriation and fraud are unsubstantiated. He further submits that the petitioner tendered his resignation on 22.10.2024 through email and almost two months thereafter i.e. 18.12.2024, the present complaint has been lodged, to harass the petitioner and to prevent him from leaving the organization. 6. Learned Assistant Public Prosecutor submits that investigation is not yet completed and some more witnesses are to be examined. He further submits that if the petitioner is released on bail, he may hamper the investigation and tamper with the material evidence. 7. In view of the aforesaid facts and circumstances of the case and since the investigation is at a nascent stage, this Court is not inclined to grant anticipatory bail to the petitioner/accused, at this stage. 8. Accordingly, the Criminal Petition is dismissed. ________________________ K. SREENIVASA REDDY, J. Date: 18.02.2025 anr 4 186 HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO. 274 OF 2025 Date: 18.02.2025 anr