lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, TH.I SIXTH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY `` CRIMINAL PETITION NO: 9615 OF 2024 Between : 1. M.V.Prasad, S/o. Penehalaiah, aged about 34 years, R/o. Padamati Kambhapadu, Anathasagaram MandaI S.P.S.R. Nellore Dl'strict, Andhra Pradesh. 2. M.Venkateswarlu, S/o. Penehalal'ah, aged about 36 years, R/o. Raml-reddipaIIi VI'IIage, Rapur Mandal, S.P.S.R. Nellore District, Andhra Pradesh. 3. J. Seenaiah, s/o. pedda Ramanayya, aged about 52 years, R/o. Shanti Nagar Village, Podalakuru MandaI, S.P.S.R. Nellore Distrl®ct, Andhra Pradesh. ...Petitl-oners/Accused Nos.4 to 6 AND The State of Andhra Pradesh, Represented by the public prosecutor, High court of Andhra Pradesh, Amaravathi Through S.H.O. of Kaluvoy P.S. ...Respondent/complainant Petition under section 438 of Cr.P.C and under seciton 482 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds Criminal Petl'tion, the Hl'gh Court may be pleased to enlarge the petitl'oners/Accused 4 to 6 on Anticjpatory bail in the event of their arrest by the s.H.O. of the Kaluvoy p.s., and its staff in FIR vide Cr.No.107of 2024; The petition coming on for hearing, upon perusl'ng the petitl'on and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Parimi Rama Ra'yudu, Advocate for the petitioners and Public Prosecutor for the Respondent; i -1LI `'u L-+ APHCO10594222024 :,I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 9615/2024 Betwee n : M V Prasad and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused(S): 1. PARIMI RAMA RAYUDU counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition, under Section 482 of the Bharatiya Nagarik suraksha sanhjta, 2023, is filed on behalf of the petitioners/A4 to A6 to grant anticipatory bail in connection with Crime No.107/2024 of Kaluvoy police station, Sri Potti Sriramulu Nellore District. tr€---'- - ^ 2 r, 2) A case has been registered against the petitioners and others for the offences punishable u/See.468, 409, 477-A read with 34 IPC, 3) case of the prosecutl'on in brief is thatthe defacto complainantwho is MandaI Parishad Development officer of Kaluvoy Mandal submitted a report to the station House Officer of Kaluvoy police station on 20'12'2024 statl'ng that the petitioners, along with others, involved in recordI'ng bogus measurements of work done in chinnagopavaram village and other villages of Kaluvoy Mandal. The social audit team reported an amount of Rs.6.52 lakhs towards misappropriate in Which the PreSidl'ng officer at the time of public hearing decided the amount of Rs'3'52 Iakhs towards misappropriation and Rs.3.00 lakhs towards rectificatI'On. Further, the presidl'ng officer mentioned DTF to submit three stage photos and evidences within ten days to the office of the project Director, DMWA. But the TA's and TA EC i/c have not submitted the same within the stipulated time. Hence it was considered aS misappropriation. Remaining amount of Rs.26.35 lakhs was shown aS misappropriated for Kaluvoya Mandal in which the presiding officer has decl®ded the above as responsible persons. Thus TAjs and TA EC i/c are responsible for Rs.6.52 Iakhs in Chinnagopavaram village and 26.35 Iakhs for Kaluvoya Mandal, totaling tO 32.87 lakhs. rf-a ``--` r \ 4) Heard. PerusedthereCOrd. 5) The accusation aS against the Petitioners iS tO the extent Of recording bogus measurements of work done in Chinnagopavaram village and other Villages Of Kaluvoy. Social audit |IS Stated tO have been conducted and they came to a conclusion that there is misappropriation of Rs.6.52 lakhs. 6) Learned counsel aPPear'lng On behalf Of the Petitioners Submits that the Government of Andhra Pradesh issued a Circular dated 12.02.2013 to the extent of validity period for measurements and po'lnt no.5 of the said circular reads as follows: 'During the work shop held with field staff 9.i 4PARD on .1&.h Feb. ?P13,_ the RAs, TA5, ECs and AFos have pointed o_ut thet_ tfiey. are being pena!izp.P -wii-th re6overi'es for excess measu;ements for which they are not actu_aI_Iy responsible. The TAs, ECs have stated that, a.mPn9 these yOrkS._S_P_m? _o_I t|hLe_ ta:ks are temporary in nature, some may last for sport pe.r_iod.i and PPe measurement: are- not visible during the process for Verif®lCatiOn. The measurements for certain works/tasks are not susceptible for measure_ment_i Or pits are submerged/ploughed/cultivated .after the paymen!S ,are..male.__ _IPe!1 I-hg:vi ;equestedvto fix th6 validity p9r!Od for rPeaSurementS for the Purpose Of the verification by social Audit and QC teams.I The said work is said tO have taken Place in the year 2023. Thereafter audit has been COnduCted and it has come tO know that bogus measurements done ®ln chinagopavaram village were established in the month of June 2024 i.e. after lapse Of more than a year. .22Z2Z22 '\ ¢\ or Promise to the prosecutl'on 1 7) on a plaln readlng of the clrcular goes to show that among the works, some are temporary ln nature, some may last fior short perl'ods and the measurements are not vlsjble durlng the process for verjficatl-on. ln vlew of the same, thIS Court ls lncllned {o conslder the prayer of petjtjoners for grant of antjcjpatory bat-I. 8) Accordlngly, In the event of the arrest of petJtIOners/A4 to A6 wlth regard to thI-S Crime, they sha" be released on ba" on thelr executl'ng a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) each with two suretles each for the llke sum to the satlsfactIOn of the arrestlng poII'Ce offlcI'alS and also on condlt,on that the petjtIOners sha" make themselves avallable for lnvestlgatlon as and when requlred and that they sha" not cause any threat, l®nducement or nrnmjea +A LL- witnesses. petjtIOners sha" appear before the station House officer concerned once l'n a week l'.e. on every sunday between 10.00 a.m. and o5.00 p.m., I" filI'ng of the charge-sheet, 7) Accordingly, the crjml'naI Petition js a"owed. sD/-U ASSISTANT SRI DEVl- STRAR To, 1. The 2. one Eo[OO cr) 't _ _.[v, `JLaLJurl. cc to sn'. parm, Rama Rayudu, Advocate [opucJ cos to pubI,c Prosecutor, Hlgh court ofAP [ouTJ spare copy AS //TRUE COPY// For ASS sn:=ti+o^n.H_Sou_se.om'cer, of Kaluvoy po"ce station. Cr+nerI' l`_ a •iE i= SECTION OF HIGH COURT SRK,J DATED:06/01/2025 ORDER CRLP.No.9615 of 2024 ALLOWED •#qtiRE:-i---.i.:;;- rfig£:I . £® \ Q .ltttt ll15 ®