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2025 DAILYLAW 57868 (AP)

Kodali Mahesh v. The State of Andhra Pradesh

CRLP/10567/2025 · 2025-10-26

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r [3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI /■- ■f; A. MONDAY ,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10567 OF 2025 A; r r i Between: Kodali Mahesh, S/o. Sambasiva Rao, Hindu, Aged 54 years, Incharge Manager, the Then Supervisor, GDCGB, Ponnur Branch, Ponnur, R/o5-23- 46, Jaya Prakash Nagar, Near RTC Bus stand, Tenali, Guntur District. Petitioner/Accused AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of A. P., Amaravati, Through S.H.O., Ponnur Rural P.S. Guntur District. Respondent/Complainant Petition under Section 482 of BNSS (438 of Cr.P.C.,) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.3 on anticipatory bail in the event of his arrest in connection with Crime No. 158 of 2025 of Ponnur Rural P.S., Guntur District COUNSEL FOR THE PETITIONER : SRI. SRINIVASU L COUNSEL FOR THE RESPONDENT ; PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER / APHC010543232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] f MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND*AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10567 OF 2025 Between: 1.KODALI MAHESH, S/O. SAMBASIVA RAO, HINDU, AGED 54 YEARS, INCHARGE MANAGER, THE THEN SUPERVISOR, GDCGB, PONNUR BRANCH, PONNUR, R/05-23-46, JAYA PRAKASH NAGAR, NEAR RTC BUS STAND, TENALI, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of A. P., Amaravati, Through S.H.O., Ponnur Rural P.S. Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SRINIVASU L Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order : The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner^Accused No.3 for granting of pre-arrest bail in connection with Crime 1 if No. 158 of 2025 of Ponnur Rural Police Station, Guntur District, registered for the alleged offence punishable under Sections 420, 409 read with 34 of IPC and Section 79(1), 83(B)(c) of Andhra Pradesh Co-operative Societies Act, 1964 (for brevity ‘the Act’). | Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 2. 3. The Divisional Co-operative Officer, Tenali, addressed a letter dated 20.05.2025 alleging that the Petitioner committed fraud. An enquiry under Section 51 of ‘the Act’ was conducted, leading to surcharge proceedings under Section 60(1) of ‘the Act’. In the surcharge proceedings dated 18.06.2025 in S.C.No.410 of 2021-C, the Deputy Registrar of Co-operative Societies observed that the Petitioner/ Accused No.2 had paid the entire amount along with interest. The Petitioner is permanent resident of Jaya Prakash Nagar, Near RTC Bus Stand, Tenali, Guntur District. He has got fixed abode. This Court already granted pre-arrest bail to the Petitioner No.2 in Criminal Petition No.9439 of 2025, dated 17.09.2025.This constitutes a special circumstance for filing this petition seeking for grant of pre-arrest bail directly before this Court without approaching the learned Sessions Judge. Considering the facts and circumstances, the gravity and nature of the allegations levelled the Petitioner, this Court is inclined to grant pre-arrest bail to the Petitioner/ Accused No.3. 4. 5. In the result, the Criminal Petition is allowed with the following conditions: In the event of arrest of the Petitioner/Accused No.3, he shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials: j The Petitioner/Accused No.3 shall make himself available for investigation as and when required; The Petitioner/Accused No.3 shall not inducement or promise to the prosecution witnesses; The Petitioner/Accused No.3 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The Petitioner/Accused No.3 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned. The Petitioner/Accused No.3 shall surrender his passport, if to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. I. III. cause any threat, IV. V. vi. any. / Ai » SDI- G.HELANAIDU DEPUT^E^ySTRAR //TRUE COPY// SECTION OFFICER To. 1. The S.H.O., Ponnur Rural P.S. Guntur District. 2. One CC to SRI. SRINIVASU L Advocate [OPUC] 3. Two eCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] 4. One spare copy HIGH COURT DR.YLR,J DATED:27/10/2025 BAIL ORDER CRLP.No.10567 of 2025 ALLOWED