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2025 DAILYLAW 9307 (AP)

BADIREDDY SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/2161/2025 · 2025-04-16

K Sreenivasa Reddy

body2025

Judgment text

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THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.2161 of 2025 Order : This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein/A9, seeking anticipatory bail, in connection with Crime No.9 of 2022 of CID Police Station, Mangalagiri, Guntur district. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 420, 406, 409, 120-B IPC and Section 13(2) of the Prevention of Corruption Act, 1988. 3. Case of the prosecution, in brief, is that A1, along with A2 and A3, visited State Bank of India, Tadikilapudi Branch and met A8 for sanction of Agricultural Asset Back Loan of Rs.2.90 crores for Fish Rearing Activity. After collecting the required documents, without conducting any physical pre-sanction visit, A8 set loan sanction proposal to A6, who in turn considered and sanctioned the loan by not verifying the veracity of the loan documents on 21.12.2020. Later on, during internal investigation of the bank, it was found that A1 firm was not 2 having any agricultural lands and not utilized the loan amount in the activity for which the loan was availed and diverted it to other accounts including the personal accounts of the accused and the accounts of their family members. Thus, it is alleged that A2, along with A3 and A4, connived with the bank officials i.e. A4 to A9, and cheated the bank by availing loan for an amount of Rs.2.90 crores in a fraudulent manner. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the petitioner is only an Assistant Manager in the Bank and he is not an authorized person to sanction loan of Rs.2.90 crores. It is his contention that it is only the Regional Manager, who is empowered to sanction loan of Rs.2.90 crores. 6. A perusal of the material on record goes to show that, admittedly, the petitioner is an Assistant Manager and the maximum loan, which he can sanction is only to the extent of Rs.3.00 lakhs. It is not the case of the prosecution that the petitioner herein conducted inspection before sanctioning of loan and came to a conclusion that the fish tanks are belonged to the co-accused. The petitioner is alleged to have signed the inspection report without following the procedure diligently. 3 Since the petitioner is working as Assistant Manager, the question of his absconding does not arise. 7. Apart from the same, earlier the petitioner herein filed Crl.P.No.2830 of 2022 seeking to quash the proceedings in the present crime, wherein this Court, by an order dated 05.05.2022, passed the following interim order. “Petitioner herein is A9 in Crime No.9 of 2022 on the file of CID Police Station, Mangalagiri, Guntur district. On perusal of the charge sheet there are no allegations against the petitioner. Even according to the investigation, A1 along with A2 and A3 has released the loan amount basing on the physical verification done by A8. Except stating that A9 is Assistant Bank Manager, his involvement is not proved. Considering the same and on perusal of the charge sheet, there shall be stay of arrest of the petitioner/A9, in connection with FIR No.9 of 2022 dated 22.03.2022 on the file of CID Police Station, Mangalagiri, Guntur district.” 8. The said interim order was being extended from time to time till the disposal of the said Crl.P.No.2830 of 2022, dated 24.02.2025, wherein this Court observed that disposal of said petition does not preclude the petitioner herein from working out 4 his remedies regarding his arrest. Pursuant to that, the present petition has been filed for grant of anticipatory bail. 9. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein. 10. Accordingly, in the event of arrest of the petitioner herein in the above crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. Petitioner shall cooperate with the investigation and he shall make himself available for interrogation by a police officer as and when required and he shall not cause any threat, inducement or promise to the prosecution witnesses. 11. The Criminal Petition is, accordingly, allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:16.04.2025 Nsr 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.2161 of 2025 Dated:16.04.2025 Nsr