Akula Venkata Ramana v. The State of Andhra Pradesh
CRLP/9950/2025 · 2025-10-08
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57486 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57486 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE : PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9950 OF 2025 Betwee n : Akula Venkata Ramana, S/o Late Subbarayudu, Aged about 57 years, R/; D.No.4/257, Somavandlapalli village, chinthakommadinne Mandal, Kadapa distrI-Ct. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep.by its Public Prosecutor, Through Station House Officer, Koilakuntla Police Station, Nandyal district. Respondent/Complainant Petition under section 480 & 483 of BNSS, praying that in the circumstances stated in the grounds filed in support of the criminal petition. the High Court may be pleased to enlarge/release the petI-tiOner herein/ Accused No.1 on regular baI-I in Crime No. 96 of 2025 of Koilakuntla Polio; Station, Nandyal district dated o4.06.2025 Counsel for the Petitioner: M/s Ayesha Azma S Counsel for the Respondent: public prosecutor THE COURT MADE THE FOLLOWING ORDER
-__ __ _ _ Dr. YLR, J crI.P.No.9950 of 2O25- Dclted 09.1O.2025 The Court made the following:
ORDER: The Criminal PetI'tiOn has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS') by the petitioner/Accused No.1 for granting of bail in connection with Crime No.96 of 2025 of Koilakuntla Police Station, Nandyal District, was registered for the alleged offences punishable under Sections 318 (4), 316 (2), 351 (2) and 61 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity lthe BNSl).
2. The case of the prosecution is that on 04.06.2025 at Kilakuntla Town, Accused Nos.1 to 8 cheated the complainant and others by operating a private financial company under the name JANANI MACS LTD in the house of Guvvala Padmavathi, collecting amounts from the complainant and others. The complainant paid Rs.5,000/- every month as a recurring deposit (RD) from 09.05.2022 to 31.03.2025, amounting to a total of Rs.2,18,000/-. However, the accused failed to re`pay the maturity amount and also threatened the complainant with dire consequences. The accused conspired and committed cheating and criminal breach of trust against the complainant and others. Based on the report, a case was registered by the police against the petitioner/Accused No.1.``. .I.
Dr-YLR, J CrI.P.No.9950 of 2025 Dated 09.1O.2025
3. Ms.Ayesha Azma, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing
submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed to grant of bail to the petitioner, submitting that the investigation is still underway and se,vera[ material witnesses remain {o be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submjssions, it is urged that the petition be dismissed. 5. Heard the`Iearned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioner/Accused No.1 is that he established a cooperative society and lured the gullible public to deposit amounts with a promise of paying higher interest after the maturity perioc!. The petitioner is alleged to be the CEO of JANANI MACS LTD. The
Dr.YLR,J € crI.P.No.9950 of 2of25 Dated 09.1O.2025 petitioner was arrested on 04.08.2025 and he has been in judicial custody for the past 66 days. So far, fifty witnesses have been examined. According to the prosecution, there are altogether 500 victims. Accused Nos.1 to 4 established the cooperative society. 7. This Court, in Crl.P.No.7560 of 2025, v,'de order dated 25.07.2025, enlarged Accused No.8 on regular bail. Similarly, in CrI.P.No.7385 of 2025, v,'de order dated 23.07.2025, pre-arrest bail was granted to Accused No.3, who is an adviser to Accused No.1. The custodial interrogation of the petitioner has been completed. The petitioner was taken into police custody for one day pursuant to the orders passed by the learned Judicial Magistrate of First Class, Banaganapalle. Accused No.2 has already been enlarged on regular bail by the learned Trial Court on 29.07.2025. Accused No.8 is the son of Accused No.1. The learned Assistant Public Prosecutor submits that the personal account of Accused No.2 has been frozen by the Investigating Officer. 8. It is brought to the notice of this Court that the learned Judicial Magistrate of First Class, Banaganapalle, FAG. Judicial Magistrate of First Class, Koilakuntla, in Crl.M.P.No.672 of 2025 in Cr.No.96 of 2025 of Koilakuntla Police Station, granted police custody to the petitioner for one day, i.e., on 08.10.2025 from 08:00 A.M. to 08:00 P.M., with certain conditions.
As per Section 187(ii) of lthe BNSS'/Section 167(ii) of lthe Cr.P.C.,I the petitioner
5 Dr- YLR, I crI. P: No.995;0-i i-d';5 Dated 09.10.2025 can be ordered to police custody only during the I-njtial sixty (60) days of J-udiCial custody. lt is noted that police custody was ordered on the 65th day of the petitioner's J-udiCial Custody. The learned Magistrate is required to follow the statutory prescription of section 187(I-i) Of lthe BNSSJ / Section 167(ii) of lthe Cr.P.C.,I whenever police custody is required to be ordered. 9. Considering the nature and gravity of the allegations against the Petitl'Oner, and the fact' that the petitioner has paid Rs.37 Iakhs to the depositors, thl-s Court is inclined to enlarge the petitioner on bail subject to the following stringent conditions: i. The petitioner/Accused No.1 shall be enlarged on baI-I subject to he executing a bond for a sum of Rs.50,000/- (Rupees FI'fty Thousand only) with two suretl':s for the like Sum each to the satisfaction of the learned JudicI-al Magistrate of First class, Koilakuntla. `,.S ij. The petitioner/Accused No.1 shall appear before the station House Officer concerned on every saturday in between 10:00 am and 05:OQ pm, tI'II cognizance is taken by the learned the Trial Court. iij. The petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concemed. Dr. YLRLJ Crl.P.No.9950 of 2O25 Dclted 09.10.2025 iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v.I The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vi.
The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation.of the case and shall make himself available for interrogation by the investigating officer as and when required. 10. Accordingly, the Criminal Petition is allowed. To, //TRUE 'COPY// I SD/- K.SRINIVASA RAJIJ ASSISTANT T|D`A P\ SECTION OFFICER
1. The Judicial Magistrate of First class, Koilakuntla, Nandyal district. 2. The Superintendent, sub-Ja`iI, Allagadda, Nandyal dI-StrictI
3. One CC to M/s Ayesha Azma S Advocate [opuc]
4. Two CCs to Public prosecutor, High Court ofAndhra pradesh [ouT]
5. One spare copy``-I `g
\ HIGH COURT DR.YLR, J DATED: 09/10/2025 BAIL ORDER CRLP.NoI9950 of 2025 ALLOWED ±zq&rife; `froA Sfu¥ -g¥? •\ \ o\T\®