IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos: 8051 & 8071 of 2025 fix:-' a '% ii'. Criminal Petition No.8051 of 2025 Between: Bora Ramarao, Age 66 Years, S/o. Bora Samudramu (Late), Occupation- Retd. Senior Manager at HPCL, R/o.27-3-187, Official Coiony Chmna Gantyada, Gajuwaka, Visakhaptnam, Andhra Pradesh-530026 ...Petitioner/Accused k 100 Ft Road AND The State of Andhra Pradesh, Represented by Public Prosecutor, Of Andhra Pradesh, Amaravathi, Guntur District Officer, Dwaraka Police Station, Visakhapatnam. High Court through Station House ...Respondent/Complainan Petition under Section 482 of BNSS praying that in the circumstances stated in the memorandum of grounds fiied in support of the Criminai Petition the High Court may be pleased to grant anticipatory bail to the Petitioner in the 01.05.2025 by enquiry and trial in event of his arrest in connection with Crime No.85/2025 dated the Dwaraka Police Station, Visakhapatnam City pending the interest of justice. CRIMINAL PETITION NO: 8071 OF 2025 Between: Boora Ramarao, Age 66 Years, ' S/o. Boora Samudramu (Late), Occupation Retd. Senior Manager at HPCL, R/o.27-3-187, Official Colony, 100 Ft Road, Chinna Gantyada, Gajuwaka, Visakhaptnam, Andhra Pradesh-530026 ...Petitioner/Accused 9 AND The State of Andhra Pradesh, Represented by Public Prosecutor, High Court Of Andhra Pradesh, Amaravathi, Guntur District through Station Officer, Duvvada Police Station, Visakhapatnam. House ...Respondent/Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioner in the event of his arrest in connection with Crime No. 166/2025 dated 22.04.2025 the Duvvada Police Station, Visakhapatnam City pending enquiry and trial in the interest of justice. by The Petitions coming on for hearing, upon perusing the Petitions and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI BALA MURALI KRISHNA P Advocate for the Petitioners in both the petitions and of PUBLIC PROSECUTOR, for the Respondent Court made the following the APHC010396632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [352|] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 8051 & 8071 OF 2025 CRIMINAL PETITION NO: 8051/2025 Between: Bora Ramarao, ...PETITIONER/ACCUSE D AND ...RESPONDENT/COMPLAINAI^T The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. BALA MURALI KRISHNA P Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 8071/2025 Between: Boora Ramarao ...PETITIONER/ACCUSBD AND ...respondent/complainaNt The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.BALA MURALI KRISHNA P Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 A COMMON ORDER: The Criminal Petition No.8051 of 2025 has been filed by the Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City and Criminal Petition No.8071 of 2025 has been filed by the Petitioner/Accused No.9 in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam City under Sections 438 and 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), registered for the alleged offences punishable under Sections 420, 406, 411, 414, 120B of IPC, 21(1)(2)(3), 23 of The Banning of Unregulated Deposit Schemes (TBUDS) Act, 2019 (for short ‘the TBUDS Act’), 3,4 Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short ‘the PC and MCSBA Act’) read with 34 of the Indian Penal Code, 1860 (for short ‘the I.P.C’). 2. These two Criminal Petition Nos.8051 and 8071 of 2025 are heard and disposed of by way of this common order, as the petitioners in these petitions are one and the same, but the crimes are different. CASE OF THE PROSECUTION: 3. The material averments stemming from the petition of the prosecution in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam are that SNEHA MACS (Mutually Aided Cooperative Society Ltd.), Rajendranagar, Seethampeta, Visakhapatnam, was established by Accused No.1 as Founder- Chairman and Director, and his wife/Accused No.2, as the President. Accused Nos. 1 and 2 established the Society under the ideology of Dr.B.R.Ambedkar, promoting the slogan “Pay b^ck to Society”, which had actively induced the 3 m depositors, particularly the Scheduled Caste community, to deposit their money in the Society. The deposits were collected through agents of the Society, namely Accused Nos. 12 and 17, who visited the house of de-facto complainant and persuaded him to deposit Rs.37,70,000/-(Rupees Thiihy Seven Laksh Seventy Thousand Only). Similarly, several other individuals were induced to deposit a total sum of approximately Rs.6,32,00,000/- (Rupees Six Crores Thirty-two Lakhs Only). Ultimately, the Accused Nos.1 and 2 failed to repay the deposited amounts either to the de-facto complainant or to other depositors, thereby cheated them. Based on the report lodged by the de-facto complainant, the police registered an FIR Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam. 4. The material averments stemming from the petition of the prosecution in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam are that the defacto complainant is retired from service as Assistant Executive in Visakhapantam Steel Plant in the year 2016. In the year 2018-19, tlfie complainant came to know about SNEHA MACS (Sneha Mutually Aided C Operative Society) situated at Seethampeta, Visakhapatnam through his colleague Chekati Chiraranjeevi, who has deposited his retirement benefits. Then the defacto complainant attracts the schemes and deposited an amount of Rs.4,00,000/- in the said society at the first instance. Later the complainant continued to deposits amount through cheques and he totally deposited Rs.51,52,680/- and he acquired benefits in all his deposits upto July, 2024. Later he came to know their deposits were diverted to the accused personal 0- 4 ■ ^ needs and bought assets on their family member Ultimately, the Accused Nos.1 and 2 failed to names and other bynames, repay the deposited amounts either to the de-facto complainant or to other depositors, thereby cheated them. Based on the report lodged by the de-facto complainant, the police registered an FIR in Crime No. 166 of 2025 of Duvvada Visakhapatnam. Police Station 5. Heard learned counsel for the petitioners and the Public Prosecutor. Perused the record. learned Assistant CONTENTIONS OF THE COUNSEL FOR THE PETITIQNFRS- 6. Sri P.Bala Murali Kirshna, learned counsel for the No.8 in Crl.P.No.8051 of 2025 and for Crl.P.No.8071 of 2025, submitted that the petitioner/accused the petitioner/accused No.9 in petitioner/accused No 8 in Crl.P.No.8051 of 2025 and the petitioner/accused No.9 in Cri.P.No.8071 of 2025 has been falsely implicated in those crimes and is, in fact, a victim at the hands of Accused Nos.1 and 2, having deposited huge amounts of his own saving as well as those of his family members, in the Society. 7. The petitioner/accused No.8 in Crl.P.No.8051 of 2025 and the petitioner/accused No.9 in Crl.P.No.8071 of 2025, aged about 66 years, i and the same and he is , IS one a retired Senior Manager at HPCL and is suffering heart related treatments. The Nos.1, 2 and 5, who respectively. They carried out the from severe ailments and he went several Society was wholly managed and controlled by Accused are husband, wife, and Nephew, 5 transactions of the Society from year 2008 to 2022, during which the majority of deposits were made. The learned counsel further submits that the petitioner has beem 8. cooperating with the Investigating Officer in all respects. Hence, the arrest of the petitioner may not be warranted. 9. It is further submitted that the police have also seized the deposit bon(ts and receipts of the Society. Thus, the police have almost concluded the investigation by collecting the material evidence and examination of witnesses. The learned counsel also submits that the petitioner has a permanent residence at Gajuwaka, Visakhapatnam. He got fixed abode. Therefore, there is no possibility of him absconding or evading the process of law. It is further submitted that this Hon’ble Court granted pre-arrest bail to accused No.3 in Crl.P.No.6585 of 2025 on 24.07.2025. Hence, it is urged to grant pre-arrest bail to the Petitioner. ARGUMENTS OF THE STATE: 10. Per contra, Mr. Neelotphal Ganji, the learned Assistant Pub ic Prosecutor, vehemently argued that the petitioner in two crimes was actively involved in the commission of the offences alleged by the de-facto complainant, involving huge amount. He submitted that if the petitioner IS granted pre-arrest bail, there is a likelihood that he may tamper with the evidence and hamper the ongoing investigation. He would not cooperate with the investigation. Arrest of the petitioner is necessary for the further progress 6 . of the investigation. He further submits that the Senior Inspector/Preliminary Inquiry Officer, Sub-Division, Visakhapatnam, conducted a preliminary enquiry and submitted a report against all the accused including the present petitioner that they had indulged in malpractices of collecting huge deposits from gullible depositors and avoided payments as promised in the deposit receipts. Hence, the grant of pre-arrest bail in favour of the petitioner would affect the progress of the investigation and urged to dismiss the petition. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 11. POINT FOR CONSIDERATION: 12. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: Whether the petitioner/accused No.8 in Crl.P.No.8051 of 2025 and the petitioner/accused No. 9 in Crl.P.No.8071 of 2025 is entitled for grant of bail? ANALYSIS: As seen from the record that as per the memo appending with the documents filed by the learned counsel for the petitioner, the de-facto complainant and other 16 members/depositors conducted a thorough enquiry and submitted a report to the Inspector of Police, Dwaraka Police Station, 13. Visakhapatnam, on 01.05.2025, wherein they had clearly mentioned that Sneha MACS paid a loan of Rs.39.88 lakhs to M/s Prudhvi Constructions whose Managing Partner Dhanunjay Sarat (A non-member of Sneha MACS), ' # 7 is a benami of Sri K. Siva Bhagya Rao/Accused No.1. With this amount, they purchased a land approximately 10.47 acres at nearer to Venkannapalen Village, Chodavaram Mandal, erstwhile Vizag District. 14. It was further reported that Accused No.2/K. Swarna Latha, W/o. Accused No.1, K. Srikanth, S/o. Accused No.1 and Sneha Priya Financial Services together purchased 8.89 acres of land with Sneha Macs amount nearer to Venkannapalem, under Chodavarm SRO. it is further reported thsit an amount of Rs.2.12 crores was paid by Sneha Macs to United Publications! Managing Partner Dhanunjay Sarat, who is a benami to Accused No.1 witi this amount they purchased a land admeasuring 0.50 acres at Sheela Nagar, near STBL theater, Ayyappa Swamy temple road. It is further reported that a piece of land admeasuring 0.11 acres and 0.36 acres purchased at Atchupapuram area in the name of Sneha Financial Services Private Limited for whom the Managing Director is K. Swarma Latha/Accused No.2/wife of Accused No.1. Gummadi Manoranjan and K. Anusha, W/o. Manoranjan took a loan of Rs. 18.26 lakhs each from Sneha Macs, with this they purchased a flsit at China Waltair, bearing Flat No.412, 3^^ floor, Akshaya Satya Prasad Vista China Waltair, Vizag. 15. Thus, it is evident that from out of the amounts collected in kind of deposits from the gullible depositors Accused Nos.1 and 2 and his relatives purchased immovable properties. The Petitioner is aged about 66 years, is suffering from severe health problems and other age-related problems. He undertakes that he would fully cooperate with the Investigating Officer in 8 1 seizure of documents and material from Sneha MACS and also cooperate with the Inquiry Officer. It is also pointed out that the petitioner himself lost huge amounts, which he had invested from his retirement benefits, along with his children’s hard-earned income. The learned counsel for the petitioner by way of filing several documents submits that the petitioner himself deposited huge amounts with the SNEHA MACS. They are mentioned hereunder: 16. “On 17.08.2020, the petitioner deposited an amount of Rs.5,50,000/- with the society for a period of 37 months and the maturity date is 17.09.2023. The maturity value is Rs.7,87,417/- and the said bond was renewed vide particulars of renewals dated 26.11.2024. The petitioner also paid an amount of Rs. 1,000/- donation to the Sneha MACS dated 03.04.2020. The petitioner on 03.07.2019 in the name of his wife as nominee deposited Rs.5,000/- and Rs. 10,000/- and the maturity date 02.07.2025 and maturity value Rs. 10,000/-. On 23.11.2020, the petitioner deposited an amount of Rs.6,00,000/- with the'society for a period of 37 months and the maturity date is 23.12.2023. On 01.10.2020, the petitioner deposited an amount of Rs.5,00,000/- with the society for a period of 37 months and the maturity date is 01.11.2023. On 14.08.2020, the petitioner deposited an amount of Rs.7,00,000/- with the society for a period of 37 months and the maturity date is 14.09.2023. On 01.07.2020, the petitioner deposited an amount of Rs.3,00,000/- with the society for a period of 37 months and the maturity date is 01.08.2023. On 03.08.2020, the petitioner deposited amount of Rs.1,00,000/- with the society for a period of 37 months and the maturity date is 03.09.2023. On 21.04.2020, the an 9 petitioner deposited an amount of Rs.6,00,000/- with the society for a period of 37 months and the maturity date is 21.05.2023. On 03.04.2021, the petitioner deposited an amount of Rs.5,00,000/- with the society for a period of 37 months and the maturity date is 03.05.2024. On 01.07.2021, the petitioner deposited an amount of Rs.5,00,000/- with the society for a period of 37 months and the maturity date is 01.08.2024. On 01.07.2021, the petitioner deposited an amount of Rs.5,00,000/- with the society for a period of 37 months and the maturity date Is 01.08.2024. On 01.07.2021, the petitioner deposited an amount of Rs.5,00,000/- with the society for a period of 37 months and the maturity date is 01.08.2024. On 01.02.2021, the petitioner deposited an amount of Rs.3,00,000/- with the society for a period of 37 months and the maturity date is 01.03.2024. .On 12.10.2022, the petitioner deposited an amount of Rs.5,50,000/- with the society for a period of 37 months and the maturity date is 12.11.2025. On 21.12.2022, the petitioner deposited an amount of Rs.10;00,000/- with the society for a period of 13 months and the maturity date is 21.01.2023 and the maturity value is Rs.11,13,750/-. On 02.03.2023, the petitioner deposited an amount of Rs.1,00,000/- with the society for a period of 37 months and the maturity date is 02.04.2026 and the maturity value is Rs.1,40,083/-. On 03.04.2023, the petitioner deposited an amount of Rs.2,00,000/- with the society for a period of 37 months and the maturity date is 03.05.2026 and the maturity value is Rs.2,80,167/-. On 02.09.2022, the petitioner deposited an amount of Rs.3,00,000/- with the society for a period of 37 months and the maturity date is 02.10.2025. On 01.07.2021, the petitioner deposited an amount of Rs.5,00,000/- with the society for a period of 37 months and the maturity date is 01.08.2024. On 07.12.2020, the petitioner deposited an 10 amount of Rs.5,50,000/- with the society for a period of 37 months and the maturity date is 07.01.2024. On 07.12.2020, the petitioner deposited an amount of Rs.5,50,000/- with the society for a period of 37 months and the maturity date is 07.01.2024. On 23.11.2020, the petitioner deposited Rs.6,00,000/- with the society for a period of 37 months and the maturity date is 23.12.2023. The petitioner also paid an amount of Rs.2,500/- donation to the Sneha MACS dated 28.10.2016 for life member ships.” A letter was given by the Founder and Chairman of Society/ Sri Katikala Shiva Bhagya Rao that the petitioner has deposited Rs.89,00,000/- and he would pay the amount along with interest. Simultaneously on 31.10.2024 the Founder and Chairman of Society gave another letter that he deposited Rs. 11,50,000/- and he would be paid that amount along with interest. ' an amount of 17. 18. Thus as seen from the above record, it is clear that the petitioner being the Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City and Accused No.9 in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam respectively, he is also one of the victim of the society run by accused No.1. Further, the petitioner is aged about 66 years and he has been suffering from severe ailments and he went several heart related treatments. He is a retired Senior Manager at HPCL. He is permanent resident of Gajuwaka, Visakhapatnam. He has got fixed abode. The apprehension of the learned prosecutor that the petitioner, if enlarged on pre arrest bail would not cooperate with the investigation and tamper the evidence, does nto arise for the simple reason that the petitioner is aged ■ 0 11 about 66 years, a retired Senior Manager at HPCL, himself deposited huge amounts with Sneha MACS and has already cooperated with the police seizing of deposit bonds and receipts from the Society. If he is granted pfe- arrest bail, no prejudice would be caused to the petitioner. Certain stringemt conditions are imposed while granting pre-arrest bail in the interest of justice would be sub-served. in Considering the nature of allegations leveled against the petitioner and his alleged role played in this case, this Court deems it appropriate to grant pre-arrest bail to the Petitioner/Accused No.8 in Crime No.85 of 2025 of 19. Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and tie Petitioner/Accused No.9 in Crime No.166 of 2025 of Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025. CONCLUSION: 20. In the result, the Criminal Petition Nos.8051 of 2025 and 8071 of 2025 are allowed with the following conditions; In the event of arrest of the Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and the Petitioner/Accused No.9 in Crime No.166 of 2025 of Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025, shall be enlarged on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the arresting police officials in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Cri.P.No.8051 of 2025 and in Crime No.166 of 2025 of Duvvada a) 12 Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025; b) The Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and the Petitioner/Accused No.9 in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025 shall make hirnself available for investigation and when required; The Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and the Petitioner/Accused No.9 in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025 shall not cause any threat, inducement promise to the prosecution witnesses; d) The Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and the Petitioner/Accused No.9 in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. The Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and the Petitioner/Accused No.9 in Crime No. 166 of 2025 of Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025 shall not leave the district limits without the express permission from the Station House Officer concerned. The Petitioner/Accused No.8 in Crime No.85 of 2025 of Dwaraka Police Station, Visakhapatnam City in Crl.P.No.8051 of 2025 and the Petitioner/Accused No.9 in Crime No. 166 of 2025 of as c) or e) f) 13 Duvvada Police Station, Visakhapatnam City in Criminal Petition No.8071 of 2025 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating • Officer. Accordingly, the Criminal Petition is allowed. 21. SD/- U. SFtIDEVI ASSISTANTfvREGidTRAR //TRUE COPY// For CTION OFFICER To, 1. The Station House Officer, Dwaraka Police Station Visakhapatnam District 2. The Station House Officer, Duvvada Visakhapatnam District 3. One CC to SRI. BALA MURALI KRISHNA P Advocate [OPUC] 4. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 5. One spare copy Visakhapatnafri, Police Station, Visakhapatnam PSR HIGH COURT DR.YLR,J DATED:26/09/2025 BAIL ORDER CRIMINAL PETITION Nos: 8051 & 8071 of 2025 ALLOWED