.,, I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2009 OF 2025 Betwee n : Mr. Shaik Ghouse, S/o. Shaik Mehaboob, aged about 29 years, Occ: Gold Smith labour, H.No. 17/252, Hasen Bal'g Road, Yemmiganur, Kurnool District. Petl-tioner/ 5th Accused AND State ofAndhra Pradesh, Rep. by the public prosecutor, High Court at Amaravathi. Respondents Petition under sections 482 of BNSS (old 438 of Cr.P.C), praying that in the cl'rcumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioner /A 5, dI'reCting the Station House Officer, Yemmiganur Town Police Station to release him on bail in the event of his arrest in connectl'on with the Cr.No. 219 of 2024 of Yemmiganur Town Police Station, KurnooI District to meet ends of justice. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri BUTTA VIJAYA BHASKER, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; [3369] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2009/2025 Between : Mr. Shaik Ghouse, ...PETITIONER/ACCUSED AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER:- The Criminal Petition, u/See.482 of B.N.S.S is filed on behalf of the petitioner/A5 to grant anticipatory bail in connection with Crime No.219/2024 of Yemmiganur Town Police Station, Kurnool District. 2. A case has been registered against the petitioner herein and others for the offence punishable u/Sees.316(5), 318(4) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short {B.N.S'). `~ <-,,- 2 3. The case of the prosecution, in brief, is that: Prior to 30.10.2024, the petitioner having colluded with other accused cheated the Muthoottu Mini Financiers Limited, situated in Shiva Circle, Yemmiganur by taking paper coated Spurious Gold (low quality Gold) and made the Al to A4 to sanction loan of more than Rs.29,00,000/- and all of them misappropriated the said amount and thereby committed criminal breach of trust and thus cheated the said Finance Company. The same was notl-ced by the authoritl'es of the Finance Company who conducted internal audit on 30.10.2024 and noticed the criminal breach of trust and cheating and lodged a report. Basing on the said report, a case in crime No.219/2024 for the offences under Sections 315 (5), 318(4) r/w 3(5) of BNS was registered and investigated into. 4. Heard. Perused the record. 5. The learned counsel for the petitioner/A5 submits that the petitioner has availed a gold loan of Rs. 16,99,721/- under different transactions and had issued a legal notice dated 04.ll.2024. The learned counsel further submits that the petitioner/A5 is unable to pay the interest as promised due to the loan's due dates expiring on 24th December and 25th April, and _ </ c,--, 7-_iZ- _ _ _ i_I 3 that the company failed to issue a notice to the borrower with a 10-day time period to release the ornaments. The learned counsel for the petitI-Oner further Submits that the Provisions Of Section 316 are not applicable to the facts of the case. The case has been registered under Sections 316(5), 318(4) I/w 3(5) of BNS. Al to A4 are shown to be employees of Muthoot Mini Financiers Limited. 6. Upon considering the nature of the accusation made against the petitioner, this Court finds considerable merit in the submissl'ons of the learned counsel for the petitioner that Section 316(5) may not be applicable to the present petitioner, as he availed the loan by pledging gold ornaments. It appears that Al to A4, who are employees of Muthoot Mini Financiers Limited, are alleged to have misappropriated the gold ornaments pledged by the customers. In the facts of this case, Section 316(5) may apply to Al to A4, who are employees of the finance institution, but not to the present petitioner who pledged the gold Ornaments. In these circumstances, considering the other offences alleged to be punishable with imprisonment for up to seven years, the petitioner is entitled to the benefit of the Judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar and Another. (rz-A rF-~_f- 4 7. The learned Assistant Public Prosecutor submits that the presence of the petitioner/A5 is required tO conduct further investigation. considering the submissions of the learned counsel for the petitioner/A5 and having perused the material available on record, this court is inclined to grant anticipatory bail to the petitioner/A5. 8. Accordingly, the petit-loner/A5 is directed to surrender before the station House Officer ;oncerned within two (2) weeks from today and on such surrender, the pet'ltioner shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand Only) With two Sureties for a like sum each to the satisfaction of the arresting police officials and the petitioner shall appear before the Station House Offilcer concerned, once in a week for a period of three (03) months and the petitioner shall cooperate for investigation and. The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses. 9. With the above directions, the Criminal Petition is allowed. `®c``i - G. REELA i¢Ai.Dlj ASS!STANT R Fa SEC"ON GF-''#§GER //TRUE COPY// To, 1 ) The lI Additional District and Sessions Judge, Kurnool at Adoni I 2) The Station House Officer, Yemmiganur Town Police Station, Kurnool District 3) One CC to SRI. BUTTA VIJAYA BHASKER Advocate [OPUC] 4) Two CCs to Public Prosecutor, High Court ofAP [OUT] 5) One spare copy KJ i .,i)I 'ng+*..,I,i? a HIGH COURT TMR,J DATED : 24/03/2025 BAIL ORDER CRLP.No.2009 of 2025 ALLOWED