BOMMATHATTU SRIHARI v. THE STATE OF ANDHRA PRADESH
CRLP/9752/2024 · 2025-01-23
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36596 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36596 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
ae | .``. +t •\u \® :c IN THE HIGH COURT OF ANDHRA PRADESH AT I/ THURSDAY, THE TWENTY THIRD DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE `#J# :PRESENT:
``.-. ,.. THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY ±+- '" CRIMINAL PETITION NO: 9752 OF 2024 Betwee n :h/ Bommathattu Srihari, S/o. Late Yanadaiah Age: MaJ'Or, Occ: Senior Accountant, Sub Treasury Ofrlce, Udayagiri, SPSR Nellore District, R/o. Nagulabavi Street, UdayagirI-Town & Mandal, SPSR Nellore District. ...PetitI-Oner/Accused No.2 AND The State of Andhra Prad6Sh,'JBy its Deputy Superintendent of Police, Anti-Corruption Bureau, NeIIore Range, Rep.by Special Public Prosecutor, EEE_+ Anti Corruption Bureau, High:Court Buildings at Amaravati. ...Respondent/Complainant EEEiZ Petition under Section 438 of Cr.P.C, is filed praying that in the circumstances stated in the grounds filed in support of the criminal petition, the Hl'gh Court may be pleased to direct the respondent to release the petitioner in the event of his arrest in connection with cR.No.10/ROT-ACB- I-c NLR/2024, on the file ofACB, Nellore Range. to#co` { The petition coming on for hearing, upon perusing the petition and the groun#filed in support thereof~aJnd upon hearing the arguments of sri K.Sita Ram, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the followl'ng >' .I.
The Criminal PetitI'On, u/Sec.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioner/A2 to grant anticipatory bail in connection with Crime No.10/ROT-ACB-NLR/2024, ACB Nellore Range, SPSR Nellore District. 2. A case has been registered the petitioner and others for the offence Punishable under Section 7(a) of the Prevention of Corruption (Amendment) Actl 2018. 3. The case of the prosecution in brief is that.- The defacto complainant is a Teacher in ZPP High School and he was suspended on account of disciplinary proceedings against him. Later he was reinstated. When he approached the MandaI Educational Officer for Payment Of arrears Of his Salary during the suspension period, necessary bills were prepared and sent to Treasury Office, Udayagiri in respect of arrears amounting to approximately Rs.8,92,717/-. When the defacto COmPIainant approached the sub Treasury Officer, he came to know that the bl'lls were rejected without any valid reason. Then the M.E.O resubmitted his bills and one week thereafter, he approached the s.T.O and enquired about the same with A2 who is Senior Assistant.
Then A2 demanded 10yo of the bill amount as bribe for himself and Al for processing _ I I \-,± . -__€
2 rr the bill. When he expressed his inability, he was threatened. After negotiations, the amount was reduced to 5O/o of the arrears. Then he approached the ACB officials and on their directions he pal-d the bribe amount of Rs.40,000/-to A3 who is a private person. Then A3 was trapped. Thereafter Al and A3 were produced before the special Judge for SPE & ACB cases, Nellore on 20.ll.2024 and they were remanded. 4. Heard. Perused the record. 5. Learned Assistant public prosecutor submits that the investigation is still pending and some more witnesses are yet to be examined. 6. A perusal of the material available on record goes to show that, it is alleged that the petitioner who is A2, on behalf of A1, is alleged to have made demand with the defacto complainant to pay an amount of 10O/o of the arrears to be disbursed td the defacto complainant. when he expressed his inabl'Iity to pay the said amount, the petitioner is alleged to have stated that he would dl'scuss with A1, and later reduced it to 5%. Thereafter the defacto complainant met Al and after negotiations, the defacto complainant paid an amount of Rs.40,000/- to A3. Al and A3 were arrested and they were released on bail. The only accusation as against the petitioner is that he is alleged to have made negotiations with the defacto complainant on behalf of A1. In view of the aforesaid facts and circumstances, this court is inclined to consider the prayer of the petitioner for anticipatory bail. 7.
Accordingly, in the event Of his arrest With regard tO this Crime, petitioner/A2 sha" be released On bail On his eXeCut-lng a Personal bond for a sum of Rs.10,000/-(Rupees ten thousand Only) With two Sureties for the like sum each to the satisfaction of the arresting police officials and also On cond'ItiOn 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 o5.00 p.m., till filing Of the Charge-Sheet. 8. Accordingly, the Criminal Petition is allowed. IITRIUE COPYII SD/-M.PRABHAKARA RAO ASSISTANT REGISTRAR Cfy- SECTION OFFICER Tol
1. The Deputy Superintendent Of Pol'lce, Anti-Corruption Bureau, Nellore Range, SPSR Nellore District. `S
2. The Stat'lon House Officer, Anti-Corruption Bureau, Nellore Range, spsR Nellore Distr'lct. \drigivp
3. One CC to SRI K SITA RAMfAf:dvocate [OPUC] \``,,-
4. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 5-One sparecoPy. tof~r PSD i <n.:_
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iS_€Gift.i c£_+:_;i:.I;-+. ol FEB 2025 HIGH COURT •SRK,J DATED :23/01 /2025 ANTICIPATORY BAIL ORDER CRLP.No.9752 of 2024 ALLOWED