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High Court of Andhra Pradesh · body

2025 DAILYLAW 3973 (AP)

G SURESH BABU v. THE STATE OF ANDHRA PRADESH

CRLP/544/2025 · 2025-02-24

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR MONDAY, THE TWENTY FOURTH DAY OF FEBRUA TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 544 OF 2025 ``'' ` Betwee n : G. Suresh Babu, S/o. G. Mutyala Rao, Aged 64 years, Occ Retd. Service, R/o.I Door No. 25-10-12, Shambunipeta, palakol, west Godavari District, Andhra Pradesh. \I? ... Petitioner/Accused-1 AND The State of Andhra Pradesh, Rep by Station House Officer, Pen poII'Ce Station, Penugonda, w.G. District. Rep. by PublI'C Prosecutor, High Court of A.P, at Amaravati. Petition under section 438 of Cr.P.C/ Under Sectl'on 482 of BNSS, Praying that in the circumstances stated in the memorandum of grounds filed I,a support Of the Criminal PetitI'On, the High Court may be pleased to release the petitioner/Accused 1 in the event of his Arrest in Crime No. 177/2023 dated 22.ll.2023 on the fI'le Of SHO, Penugonda police Statl'on, Penugonda, west Godavari District, Andhra Pradesh. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the': arguments of SRI POLISETTY RADHA KRISHNA Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following The Criminal Petition, under Section 482 of the Bharatiya Nagarik suraksha sanhita, 2023, is filed on behalf of the Petitioner/Al to grant anticipatory bail in connection with crime No.177/2023 of Penugonda Police Station, West Godavari District. 2, A case has been registered against the Petitioner and Others for the offences punishable under sections 403, 406, 408, 409, 420 IPC and section 79A and 83B of the A.P. Co-operative Societies Act,1964- 3. Case of the prosecution in brief, is that, Prior tO 22.ll.2023 i.e. in between 2008 and 2021, at Siddantham Primary Agricultural Co-operative society (for short PACS) and Rapaka PACS in Penugonda Branch, A1, being Manager, A2 to A4, being Supervisors, and A5, being the Secretary, of the said pACSs, colluded and consp'lred together and Caused huge loss to the bank financially and demoralized the names and fame of the bank resulting huge loss to the Bank and dishonest miSaPPrOPr-latiOn Of Property and criminal breach of trust of public servant, tO a tune Of Rs|21 -00 crores and caused loss to the exchequer. 4. Heard. Perused the record. 4. Heard. Perused the record. ``-- iFi= 5]olng Loenar::: :sos=e{a:a::b`I^l:+_p_r_osecutor subm'ts {ha"he ,nvest\ga{IOn IS go,ng on and some more w,tnesses are to be examlned and prays to dlsmISS the ant,c,patory ba,I app'ICat,on of the petlt,oner 6 A perusal of the mater,a/ avaflab'e on record goes to show that the al'egatJOn ls that mlsappropr,at,on took place ln PACS of slddantham The Branch Manager and the Nodal officer submltted report on o212 2021 on com,ng to know that there were dlfferences notfced by them and stated that further probe ln depth ,s requ,red ln the sa,a matter lt ,s further alleged that the secretary/ch,ef Execut,ve officer of the PACS, superv,sors and Branch Managers who worked at penugonda Branch know,ngly and lntentlonaIIy comm,{ted the fraud Learned counsel for the pet,{JOner submltS that the pet,t,oner IS no way connected to the transactlon that has taken place ,n the PACS He ls the secretary of the DCCB and ,n any way he ,s not concerned w,fh the sald fraud that has taken place ,n the PACS He further submltted that the alleged ,ncldent IS Sald to have taken place ,n the year 2023 and now ,n the year 2025, hIS propert,es have been attached by the author,tles Though the alleged ,ncldent ls sald {o have taken place Jn the 2023, " today, po',ce have not taken any steps ,n arrestlng the petltIOner hereln He further stated that an enqulry has been conducted -r=j/ ¢ =__I_.* ._ _ ..`_ i `,.`±l_,i ±|T=±=f=rfe,i==fi i A 7. Learned Assistant Public Prosecutor submits that he has no instructions as to what happened -ln the enquiry. Though, twice this Court granted time to enquire as to what transpir?d in the Section 51 enquiry, there is no information from the respondent-state. since the properties of the petitioner have already been attached by the authorities, this court is inclined to grant anticipatory bail to the petitioner. 8. Accordingly, in the event of his arrest With regard tO this Crime, petitioner/Al 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 for the l'lke sum each 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 05.00 p.m., till filing of the charge-sheet. 9. Accordingly, the Criminal Petition is allowed. SD/-M.SRINIVAS ASSl //TRUE COPY// SECTION OF GISTRAR I To, 1. The Station House Officer, Penugonda Police Station, Penugonda, W.G. District. 2. One CC to SRI. POLISETTY RADHA KRISHNAAdvocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4| One spare copy PSR i_,--ngS HIGH COURT SRK,J DATE D : 24/02/2025 BAIL ORDER CRLP.No.544 of 2025 ALLOWED tr-. .+` i (l4 MAR 2025