IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV WEDNESDAY ,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ;PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9125 OF 2025 Between: Chaluvadi Basaveswara Rao, S/o Subba Rao, aged about 54 years, Occ: Commission agent, r/o Flat No. 403, D.No. 4-7-215/4, Sai Enclave Apartments, Shirdi Sai Nagar, Nawabpeta Nellore - 2. Petitioner/Accused No.1 AND The State of Andhra Pradesh, through S.H.O., Nellore Rural Police Station, SPSR Nellore District, rep. by its Public Prosecutor, High Court, Amaravati Respondents/Complainant of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with FIR No. 284 of 2025 of Nellore Rural Police Station, SPSR Nellore District, of Nellore Rural Police Station, SPSR Nellore District. Petition under Section 482 The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri M SUGUNA, Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHC01046C1 12025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9125/2025 Between: CHALUVADI BASAVESWARA RAO, S/0 SUBBA RAO AGED ABOUT 54 YEARS, OCC COMMISSION AGENT, R/0 FLAT NO. 403, D.NO. 4-7- 215/4,,gAI ENCLVWE APARTMENTS, SHIRDI SAI NAGAR, NAWABPETA NELLORE-2. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through S.H.O., Nellore Rural Police Station, SPSR Nellore District, rep. by its Public Prosecutor, High Court, Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.M SUGUNA 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.1 for granting of pre-arrest bail in connection with Crime 2 No.284 of 2025 of Nellore Rural Police Station, SPSR Nellcie District, registered for the alleged offence punishable under Section 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). CASE OF THE PROSECUTION: 2. The case of the prosecution is that between 29.05.2025 and 26.06.2025, at Sri Paraasekthi Rice Mill, Narukuru Link Road, Nellore Rural Mandal, the Accused No.l/Chaluvadi Basaveswara Rao, a rice corr^mission agent, and Accused No.2/Duddugunta Bhaktavastala Reddy, his clerk, with dishonest intent, induced the complainant, Vadlamudi Venkateswarlu, to believe that they would sell his rice stock and remit the proceeds within a month. They further introduced Accused No.3/Kota Venkata Satyanarayana, Proprietor of Kesava Commercial Corporation, Hyderabad, as a genuine buyer. Relying on their representations, the complainant dispatched nine consignments totaling 1608.94 quintals of rice, valued at Rs.65,36,860/-, to Accused No.3. However, despite repeated requests, the accused failed to remit the sale proceeds, thereby cheating the complainant. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Smt. M.Suguna, 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 the sole earning member of his family, and his arrest would cause irreparable hardship to his dependents. The Petitioner is willing to abide by any condition that this Court 3 may deem fit and proper for the grant of anticipatory bail. The Petitioner has got fixed abode. It is further submitted that there is no recovery attributable to the Petitioner and custodial interrogation is not 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.1 in the interest of justice. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 4. 5. Per contra, Ms. Akhila Naidu, learned Assistant Public Prosecutor vehfemently 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. 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. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 7. 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: The allegation against the Petitioner/Accused No.1 is that he is a commission agent of rice acted as a mediator in between the de-facto complainant and one Kota Venkata Satyanarayana, Proprietor of Kesava Commercial Corporation and cause delivery of 1608.94 quintals of rice valuing \ about Rs.65,36,860/-. Kota Venkata Satyanarayana having received the above mentioned rice in lorries did not pay the amount to the bank account of Sri Parasakthi Rice Industrices of the de-facto complainant. It appears that the de-facto complainant has not filed any civil suite for recovery of the above mentioned amount as he parted huge stock of rice to the corporation of the Accused No.3. 9. 10. Considering the gravity and the nature of the allegations levelled against the Petitioner and the alleged role played by the Petitioner/Accused No.1, this Court is inclined to grant pre-arrest bail to the Petitioner. CONCLUSION: 11. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the Petitioner/Accused No.1 shall be enlarged on bail subject to he executing a self-bond for a sum of 5 Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials: The Petitioner/Accused No.1 shall make himself available for investigation as and when required; The Petitioner/Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses; The Petitioner/Accused No.1 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday V between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The Petitioner/Accused No.1 shall not leave the district limits IV. V. without the express permission from the Station House Officer concerned. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have VI. passport, he shall submit an affidavit to that effect to the Investigating Officer. I SD/-G.HELANAIDU ASSiSTANTf\REGISTRAR i //TRUE COPY// SECTION OFFICER For To, 1. The Station House Officer, Nellore Rural Police Station, SPSR Nellore District. 2. One CC to SRI. M SUGUNA Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 4. One spare copy HIGH COURT DR.YLRJ DATED:10/09/2025 V BAIL ORDER CRLP.No.9125 of 2025 ALLOWED /c^ U 3^