Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 35870 (AP)

KODALI SWETHA v. THE STATE OF ANDHRA PRADESH

CRLP/8473/2022 · 2025-05-08

K Suresh Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION NO: 8473 OF 2022 Between: Kodali Swetha, W/o T. Madhuri Kirann, Aged 43 years, Occ. Employee R/o Flat No. 501, CVR Heights, Jawahar Street, Near S Convention RTC Workshop Road, Kamakoti Nagar, Vijayawada. ...PETITIONER/A-8 AND The State of Andhra Pradesh, rep by Spl. Public Prosecutor for CID/, Standing Counsel for CID, High Court of Andhra Pradesh, Amaravathi. ...RESPONDENT Petition under Section 438 of Cr.P.G praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioner/A8 on bail in the event of his arrest in connection with FIR No 8 of 2022 dated 22.03.2022 on the file of CID PS, Mangalagiri Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M SOLOMON RAJU, Advocate for the Petitioner and Standing Counsel for CID for on behalf of the Respondent. The Court made the following ORDER: APHC010578872022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3239] PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 8473/2022 Between: 1.KODALI SWETHA, W/0 T. MADHURI KIRANN YEARS, OCC. EMPLOYEE, HEIGHTS, JAWAHAR STREET, NEAR S CONVENTION, RTC WORKSHOP ROAD, KAMAKOTI NAGAR, VIJAYAWADA. ...PETITIONER/ACCUSED AGED 43 R/0 FLAT NO. 501, CVR AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Spl. Public Prosecutor for CID/, Standing Counsel for CID, High Court of Andhra Pradesh, Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.M SOLOMON RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Crl.P.No.8473 of 2022 KSR,J The Court made the following ORDER This Criminal Petition, under Section 438 of Cr.P.C., has been filed by the petitioner/A.8, seeking pre-arrest bail, in connection with Crime No.8 of 2022 of CID P.S, A.P., Amaravathi, Mangalagiri, Guntur District. A case has been registered against the petitioner herein and others for the offences under Sections. 420, 406, 409, 120-B Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1998. 2. The case of the prosecution is that M/S.Srinivasa Aqua Farms, a Partnership Firm, represented by its Managing Partner-Accused No.1 and other partners, were engaged in Fish Rearing Activity: that the unit was established in August 2020 and having its registered office located at Palakol, West Godavari District; that the Firm approached the defacto complainant-State Bank of India, Tadikallapudi Branch for sanction of Agricultural Asset Backed Loan for an amount of Rs.2.92 Crores for Fish Rearing Activity; that the request of the Firm was duly accepted, considered and sanctioned the loan vide letter dated 28.08.2020; that the petitioner and others had executed the loan document and created mortgage of the properties in favour of the defacto complainant-SBI; that subsequently it was observed that though M/s Srinivasa Aqua Farms have no agricultural lands in its name, but took some lands on lease and availed Agricultural Asset Backed Loan and thereafter proceeds of the loan were diverted into different individual accounts and thereby committed criminal misappropriation, cheating, criminal breach of trust in order to defraud 3. V 3 Crl.P.No.8473 of 2022 KSR,J the Bank; that the petitioner being Manager of State Bank of India, SBI, Tadikalapudi Branch has colluded with the partners of the M/S.Srinivasa Aqua Farms and diverted the loan amount into the individual accounts. This court, having perused the entire material on record and taking into note of the specific allegations made against the petitioner in the First Information Report, is not inclined to grant anticipatory bail to the petitioner at this stage. Hence, the Criminal petition is liable to be dismissed. 4. 5. Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Judicial First Class Magistrate, Eluru 2. The Station House Officer, CID Police Station, Mangalagiri Guntur District. 3. Two CCs to Standing Counsel for CID, High Court of Andhra Pradesh. [OUT] 4. One CC to Sri M Solomon Raju, Advocate [OPUC] 5. Two CD Copies RAM HIGH COURT DATED:09/05/2025 ORDER CRLP.No.8473 of 2022 CRIMINAL PETITION IS DISMISSED -?• •f