APHC010240652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3821/2026 Between: 1. SHAIK MALIK, S/O. SHAIK NABI, AGED ABOUT 60 YEARS, R/O. H.NO. 26-361/B, MS NAGAR, NANDYAL TOWN AND DISTRICT - 518 502. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, THROUGH SHO, MADAKASHIRA P.S., SRI SATHYA SAI DISTRICT. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to grant anticipatory bail in the event of Petitioner‟s arrest in Crime No. 114 of 2025 dated 12.08.2025 on the file of Madakashira Police Station, Sri Sathya Sai District in the interest of justice and pass Counsel for the Petitioner/accused: 1. VARUN BYREDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3821 OF 2026 ORDER:- The instant Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short, „B.N.S.S‟], is filed on behalf of the petitioner/accused, seeking anticipatory bail in Crime No. 114 of 2025 dated 12.08.2025 on the file of Madakasira Police Station, Sri Sathya Sai District, registered for the offences punishable under Sections 409 of Indian Penal Code (for short “IPC”). 2. The prosecution case, in brief, is that the alleged offence occurred between 22.02.2019 and 20.12.2019 at the office of the Municipal Commissioner, Madakasira Nagara Panchayat, wherein the accused, Shaik Malik, who was then serving as Municipal Commissioner (now working as Administrative Officer, Kurnool Urban Development Authority), during his tenure allegedly misused and misappropriated an amount of ₹15,72,264/- pertaining to the ASC grant sanctioned under G.O. Ms. No. 104, Revenue (DM-II) Department dated 22.07.2016, by not crediting the said amount into the ASC account and thereby causing loss to the Nagara Panchayat, Madakasira; on the complaint lodged by P. Jaganath, Commissioner, Nagara Panchayat, Madakasira, on 12.08.2025 at about 12:00 noon, a case was registered by the Inspector of Police, Madakasira U/G Police Station, and investigation was taken up. 3. Heard Sri Varun Byreddy, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3 4. Learned counsel for the petitioner would submit that the petitioner was working as an Administrative Officer in the Kurnool Urban Development Authority and has presently been surrendered to the Government by KUDA, as he is unable to attend to his duties owing to severe illness. The petitioner is arrayed as an accused in Crime No. 114 of 2025 of Madakasira Police Station. It is contended that the petitioner is innocent and has not committed any offence as alleged by the prosecution. It is further submitted that the petitioner has been suffering from diabetes, a brain stroke since 2017, kidney failure, and a peculiar neurological condition resulting in continuous seizures. It is also submitted that the petitioner has already remitted the entire amount alleged to have been misappropriated to the Madakasira Municipality. Owing to his serious medical condition, the petitioner is unable to attend to his duties and requires continuous medical attention. The learned counsel would further submit that the petitioner is ready and willing to furnish sureties to the satisfaction of the Court. 5. The learned Assistant Public Prosecutor for the State does not refute the medical condition of the petitioner/accused and would further submit that the Court may pass appropriate orders. 6. Considering the submissions made and upon perusal of the material on record, and taking into account the health condition of the petitioner/Accused, particularly his serious ailments including diabetes, post brain stroke condition, kidney failure, and neurological disorder resulting in continuous seizures, and also noting that the alleged misappropriated amount has already been 4 remitted to the concerned authority, this Court is of the view that custodial interrogation is not warranted in this case. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner/Accused, subject to the following conditions: i) The petitioner/Accused shall appear before the concerned Magistrate Court, within one (1) week from today and shall furnish a personal bond for Rs.20,000/- (Rupees twenty thousand only), with two sureties for the like sum each, to the satisfaction of the concerned Magistrate Court; ii) The petitioner/Accused shall be available for investigation as and when required by the Investigating Officer; iii) The petitioner/Accused 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 them from disclosing such facts to the Court or to any Investigating or Police Officer. iv) The petitioner/Accused shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court. v) The petitioner/Accused shall not leave the country without obtaining prior permission from the concerned Court. 7. Accordingly, this Criminal Petition is allowed. 8. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail. 5 9. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 05.05.2026. Note: Issue CC today, B/o. UPS 6 62 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3821 OF 2026 Date: 05.05.2026 Note: Issue CC today, B/o. UPS