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2025 DAILYLAW 36041 (AP)

YEDIDA ADINARAYANA v. THE STATE OF ANDHRA PRADESH

CRLP/9432/2024 · 2025-01-06

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

' ,¢ /..? //-, lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE IT :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY Between : CRIMINAL PETITION NO: 9432 OF 2024 Yedida Adinarayana, s/o. venkanna, Record Assistant(Removed from Service), Aged 56 years, resident of D.No.3-238, Spinning Mill Colony, Lalacheruvu, Rajamahendravaram, East Godavari District. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Publl'c Prosecutor, High court of Andhra Pradesh at Amaravathi. Respondent Petition under section 482 of BNSS, 2023(Section 438 of Cr.P.C), is filed praying that in the circumstances stated in the memorandum of grounds filed Ion support of the criminal Petitl'on, the High Court may be pleased to enlarge the petitioner/Al on bail in the event of his Arrest in Cr. No. 1 of 2024 on the file of the Ill Town Police station, Rajamahendravaram, East Godavari District . The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed l'n support thereof and upon hearing the arguments of Sri KADIAM H B KUMAR, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER J'J \ * CRIMINAL PETITION NO.9432 0F 2024 ORDER:- The Criminal Petition, under Section 482 of BNSS, is filed on behalf of the petitioner herein/Al to grant anticipatory bail in connection with Crime No.1 of 2024 of Rajahmundry Ill Town Police Station, East Godavari District, registered for the offences punishable under Sections 409 and 420 IPC. 2. Case of the prosecut'IOn iS that Al worked as Record Assistant in Endowments Department and he was removed from service. Al in collusion with the then Executive Officer of Group of Temples, Katheru by relieving Al and allowed him to join duty at Pandiri Mahadevudu Kotilingala Satram, Kotilingalapeta Rajamahendra- varam knowing fully well that Al was removed from service vide proceedings of the Executive Officer, Group Temples, Katheru in Lr.No.Nil/2017 dated 17.01.2017 after enquiry and thereby drew salary from PMK Choultry, Kotilingalapeta, dishonestly and cheated the Government. 3. Heard. Perused the record. `` --s=_--= ` qa- I ±rty I Jr, 4. A perusal of the materl-al on record goes to show that the petltjOner herel'n worked as a Record Assl'stant in Endowments Department and he was removed from service. The accusatl'on as against the petI-tjOner herel-n I-S that he has drawn salary from PMK choultry, Kotjljngalapetal Except the letter wrI-tten by the officer, there js absolutely no evidence to the extent that who has drawn the salary from the PMK Choultry, Kotf-Ijngalapeta. It js not case of the prosecution that the saI'd amount has been credited Into the account of the petjtjoner. The sat-d fact has to be jnvestjgated. At this stage, jn the event of any coercive action agal-nst the petitioner hereln, there l's every chance that he would lose hl-s job and his image I'n the socI-edy would also damage. 5. It l's submitted by the learned counsel for the petitioner that an offence under section 409 IPC would not be applI-Cable as agal'nst the petlt,'oner herein I-n the present facts and cl-rcumstances of the case. In view of the aforesaid facts and circumstances of the case, this court I-S ln total concurrence with the subml-sslon of the learned counsel for the petjtl'oner that 4rJ-ma fad/a the offence under sectI'On 409 IPC would not attract as against the petI-tl-Oner hereI'n, at th,-s stage. .-I )r--J? -se£;::, : ` EZff 6. In the facts and circumstances of the case, this court is inclined to consider request of petitioner for grant of anticipatory baiI- 7. Accordingly, in the event of his arrest in the above crime, the Petitioner herein shall be released on bail on his executing a Personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between 10.00 A.M., and 01.00 P.M., till filing of charge sheet- rf,drf. ftEi 8. Accordingly, the Criminal Petition is allowed. I^ A / //TRUE COPY// For/ To, ASSISTANT R Sd/- N. ,NAdAMMA TRAR LE L_ SECTION OFFICER 1. The Judge, Family Court Gum lX Additional District and Sessions judge, East Godavari at Rajamahendravaram. 2. The SHO., Ill Town Police station, Rajamahendravaram, East Godavari District . 3. One CC to SRI. KADIAM H B KUMAR Advocate [OPUC] 4. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 5. One spare copy psk / HIGH COURT SRK,J DATED: 06/01 /2025 BAIL ORDER CRLP,No.9432 of 2024 ALLOWED