Cheelamanda Munisekhar, v. THE STATE OF ANDHRA PRADESH
CRLP/422/2025 · 2025-01-27
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3458 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3458 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR MONDAY ,THE TWENTY SEVENTH DAY OF JANU TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDD Between :
CRIMINAL PETITION NO: 422 OF 2025 [3327]
1. Cheelamanda Munisekhar, aged 24 yrs S/o Munirathnam, I/o pandurangavaripalle H/o Kottala, Chandragiri MandaI, Tirupathi District (A1)
2. Samkiri Sai Kumar, aged 26 yrs, S/o S.Sankara, r/o D.No.ll-192, voddipaIIi Molakacheruvu post and MandaI, Annamayya District (A2) Petitioners/Accused Al ansd A2 AND The State of Andhra Pradesh, Rep. by its publl-c Prosecutor High Court Buildings, Amaravathi Respondent/complainant Petitl'on under section 482 of BNSS is filed praying that l'n the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to grant anticipatory bail in FIR No. 80 of 2023 on the file of Molakalacheruvu p.s. Annamayya District and to release the Petitioners/Accused No.1 and 2 in the event of his arrest in the l'nterest of justice. The petitl'on/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri HARISH KUMAR RASINENI Advocate for the petl'tioners, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. 1 I, THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY _CRIMINAL PETITION NO: 422 of 2g2± ORDER: The Criminal Petition is filed on behalf of the petl-tioners/Al and A2 to grant anticipatory bail in connection lWith Crime No.80/2023 of Mulakalacheruvu Police Station, Annamayya District. 2) A case has been registered against the petitioners and another for the offences punishable under Sections 409 and 420 r/w 34 lPC. 3) Case of the prosecution in brief is that the defacto complainant was working as Area Manager of Asirvad Micro Finance Limited. He, being Area Manager, was handling seven branches including the above said branch. It is further stated that the Branch Manager of Molakacheruvu branch namely Muni Sekhar and the Assistant Branch Head Naveen, the Cashier Sai Kumar have misused the company cash of Rs.6,69,650/- for unauthorized transaction purpose. lt is alleged that they gave the pledged gold item to customer without cash settlement through system entry. lt is further alleged that for the last three months, they were doing fraud/cheating wI'th the company.
lt iS alleged that On 17.10.2023, during verification time, at 2.30 pm, the informant found cash shortage of Rs.12,25,464/- and thereafter the Branch Manager Muni Sekhar and
hIILL= 2 /r Naveen paid cash of Rs.5,55,814/-and balance amount of Rs.6,69,650/- l's due. Hence, the report. 4) Heard. Perusedtherecord. 5) Learned Assistant public prosecutor submits that investigation is not completed and some more wl'tnesses are yet to be examined. 6) Learned counsel appearl'ng on behalf of the petl'tioners submits that the offence u/sec.409 lPC is not made out as against the petitioners for the reasons that the petitI'OnerS are not public servants. Apart from the same, he further submits that cheating in the present case would not arise as the transactions in the branch are purely computerized. 7) The allegations againstthe petitioners herein are thatthey have not recovered the amount of rupees six lakhs and odd within the stipulated Period. Except the sal'd accusation, there is no other material to connect the petitioners with the crI-me. lt is not the case of the petitioners that the amount entrusted to the petitioners herein and the said entrusted amount has been used by them for their personal use. ln view of the same, this Court is inclined to consider the prayer of anticipatory bail to the petitioners. 7) Accordingly, in the event of arrest of petitioners/Al and A2 with regard to this crime, they shall be released on bail on their executing a Personal bond for a Sum Of Rs.10,000/-(Rupees ten thousand only) each
3 f~ with two sureties for the like sum each to the satisfaction of the arrestl'ng POIl'ce officials and also on condition that the petitioners shall make themselves available for investl'gation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses.
Petitioners shall appear before the station House Officer concerned once Ion a fortnight l'.e. on every 2nd and 4th Sunday between 10.00 am and 05.00 pm, till filing of the charge-sheet. I 8) Accordingly, the Criml®naI Petition is allowed. SD/-N.NAGAMMA ASSISTANT RE SECTION OFFICER //TRUE COPY// To,
1. The Station House officer, Molakalacheruvu police Station, Annamayya Dl'strict. 2. One CC to SRI. HARISH KUMAR RASINENI Advocate [opuc]
3. Two CCs to Public prosecutor (AP) Hl®gh Court ofA.P., Amaravati [OUT]. 4. One spare copy +y
f/
. HIGl] COURT SRK,J' . ..i + DATED:27/01/2025 BAIL ORDER CRLP.No.422 of 2025 ALLOWED i-`!jf=-!f<.JZ(,.r ?_9 JAM 2025 ft`rse£Hgiv I,. i:):;://I I