'EiiiE~F_ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI rty I 3327 I THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE .'PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 781 OF 2025 Between l' chintham subba Reddy, s/o. chintham Raghava Reddy, Aged about 33 years, R/o 7-111, Hanuman vI-dya Nagar, sl-ngarayakonda vI-IIage, (R.S.City), prakasam Dl'strI®Ct, Andhra pradesh. Petitioner/A-3 AND 1. State ofAndhra pradesh, Rep. by its public prosecutor Nellore Rural police Station, sri pottj srjramulu Nellore DI-Strict. 2. Satheesh Kumar pachjpala, s/o. venkata Krl'shnajah, Aged 43 years, south Mopuru village, Nellore rural Mandal, sri potti sriramulu NeIIore DI'StriCt, Andhra pradesh. Respondents petI-tI'On under SectI'OnS 482 of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affldavl't filed ,'n support of the criml-hal petition, the High court may be pleased to grant an antjcipatory ba" l'n the event of petitione" accused no.3 be,'ng arrested by the s.I. of Poll-Ce, Nellore rural police Station, potti sriramulu Nellore Dl'strict, Andhra pradesh., in connection with F.I.R .No. 319 of2024. The petition coml®ng on for hearI'ng, upon perusing the petjtI-On and the grounds filed in support thereof and upon hearing the arguments of sri RAVITEJA PADIRl, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent No.1 and the court made the following,I 2 ORDER:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2O23 (for short lBNSS') has been filed on behalf of the petitioner/accused No.3 to grant anticipatory bail in connection with crime No.319 of 2024 of Nellore Rural Police station of spsR Nellore District. 2. A case has been registered against the petitI'Oner/ accused No.3 and others for the Offence Punishable under Section 318 (4) of the Bharatiya Nyaya Sanhitha, 2023 (for short lBNS') 3. Case of the Prosecution, in brief, iS that, the accused No.1 was alleged to have approached the de raCfo comPlainant through paddy business broker v,-z. Prasanna Kumar Reddy and was alleged to have taken 69 putties of sugariess paddy from him, after negotiating the rate at Rs.261900/- for one putti, totaling to Rs.18,56,100/-, on an oral agreement that accused No.1 would pay the said amount after selling the paddy to the millers at Nellore; ' that accused No.1 was alleged to have c6nspired with accused Nos.2 to 4, hatched up an evil plan of cheating the de racfo complainant and took away 69 putties of sugarless paddy from the 3 and thereby, breache-d,his trust and cheated hl-m. The case was reported to police and a case in crime No.319 of 2024 of Nellore Rural Police Station was registered for the aforesaid offences and investigated into. 4. Heard. Perused the record. 5. Aperusal of material available on record goesto show that the petitioner/accused No.3 and other accused were alleged to have taken away the sugarless paddy from the de facfo complainant and sold away the same and the sale proceeds were not given to the c/e facfo complainant and thereby, commI-tted breach of trust with the de racfo complainant. A perusal of material available on record further goes to show that accused No.4 was alleged to have pal'd the amount to accused Nos.1 to 3, but they did not repay the money to the de facfo complainant. Mere faI'Iure to pay the money would not in any way come wl'thin the purview of Section 318 (4) of BNS. Apart from the same, pr,-ma fao,-e l't appears that the petitioner/accused No.3 purchased the paddy from accused No.4 but not from the de facfo complainant. In view of the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner/accused No.3. 6. Accordingly, Ion the event of arrest of petitioner/ accused No.3 in the above crime, he shall be released on bail on 4 executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with tviJo sureties for the like sum each to the satisfaction of the Nellore Rural police station, and also on condI'tI'On that the petjtjoner/ accused No.3 shall make hl'mself available for investl'gatjon as and when required and that he sha" not cause any threat, inducement or promise to the prosecutI-On witnesses. The petl-tioner/accused No.3 shall appear before the statI'On House officer concerned one I-n a week ,I.e. on every sunday between 10.00 a.m. and 1.00 p.m., till fill-ng of the charge sheet. 7. Accordingly, the criminal PetI'tiOn iS allowed. sd/-N. ,NAdAMMA ASSISTANT` REGIS+RAR Fo //TRUE COPY// To, 1. The lst Additional District and sessions Judge, Nellore. 2. The S.H.O., Nellore rural police station, potti sriramulu Nellore District, Andhra pradesh 3. One CC to SRI. RAVITEJA PADIRI Advocate [opuc] 4. Two CCs to PubII-C Prosecutor, High Court ofAP [OUT] 5. One spare copy Kj ~/ HIGH COURT SRK,J DATED :06/02/2025 BAIL ORDER CRLP.No.781 of 2025 ALLOWE D \L±-''\ -:_