I rty lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA' MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY, ll^/o THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 541 OF 2025 Betwee n : J. Subbarayudu, S/o. G.Mutyala Rao, Aged 64 years, Occ: Retd. Service, R/o. Door No. 25-10-12, Shambunipeta, Palakol, West Godavari District, Andhra Pradesh. ... Petitioner/Accused-3 AND The State of Andhra Pradesh, Rep{by Station House Officer, Penugonda police station, penugonda, W.G. District. Rep. by Public Prosecutor, High Court of A.P, at Amaravati. ...Respondent petition under sect'lon 482 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/A-3 on bail in the event of his arrest in FIR No.177/2023 dt. 22-ll-2023 on the file of the station House Offilcer, Penugonda Police Station, Penugonda, W.G. District, Andhra Pradesh; The petition coming on for hearing, upon Perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of sri polisetty Radha Krishna, Advocate for the Petitioner and Public Prosecutor for the Respondent; THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 541 of 2025 ORDER: The Criminal Petition, under Section 482 of the Bharatiya Nagarik suraksha sanhita, 2023, is filed on behalf Of the Petitioner/A3 to grant anticipatory bail in connection w'lth 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 lPC 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 conspired 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 misappropriation Of Property and crim'lnal breach of trust of public servant, to a tune of Rs.21.00 crores and caused loss to the exchequer. 4. Heard. 4. Heard. Perused the record, '\ FtsQ` eiyz22 51O\ng Loenaran:dd ::s=eta::au:I.ICL _Prosecutor submlts tha"he lnvestlgatIOn IS golng on and some more wltnesses are to be exam,ned and prays to dISm,ss the ant,cIPatory bat/ applICatlon of the petlt,oner 6 A perusal of the mater,a' avallable on record goes to show that the a'IegatIOn JS that mISappropr,atIOn took place ,n PACS of slddantham The Branch Manager and the Nodal officer subm,tted report on o212 2021 on comlng to know that there were dlfferences notlced by them and stated that further probe ln depth ,s requlred ln the sald matter lt JS further alleged that the secretary/chlef Executlve officer of the PACS, supervJSOrS and Branch Managers who worked at penugonda Branch knowlng'y and ,ntentlona''y commltted the fraud Learned counsel for the pet,tJOner subm,ts that the petJt,Oner IS no way connected to the transactlon that has taken place ,n the PACS He JS the Secretary of the DCCB and ln any way he IS not concerned wJth the sald fraud that has taken place Jn the PACS He further submltted that the alleged lnclden{ fs sald to have taken place ln the year 2023 and now ln the year 2025, h,s propert,es have been attached by the authon{les Though the alleged ,ncldent ls sald to have taken place ln the 2023, tJ" today, po'JCe have not taken any steps ln arrest,ng the petI{,Oner herefn He further stated that an enqulry has been conducted il iE -5Zf3Z±' E= z, J, 7. Learned Assistant Public Prosecutor submI'tS that he has no instructions as to what happened in the enquiry. Though, twice this court granted time to enquire as to what transpired in the Section 51 enqul'ry, 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/A3 shall be released on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) wl'th two sureties for the like 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 l's allowed. SDI- M AssIST SE SPl_N IVAS | - . BEG lsTiRAR /ITRUE COPY// :zgivT---OFFICER For ASSISTANT REGISI RAr` To, 1. The Station House Officer, Penugonda police station, penugonda, W.G. District. 2. One CC to Sri. Polisetty Radha Krishna, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] 4. One spare copy MM .-_-- HIGHCOURT SRK,J DATED:24/02/2025 ORDER CRLP.No.541 of 2025 ALLOWED --'i-:+i_=___=_ _i__-_=± i a : --i _ \ L*±-.=.I-l S-.~+ }=j€:;:.:?`.;-i -::`..+i-i:I.:.:-I?.-i:;`.I I