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2026 DAILYLAW 14978 (AP)

Kota Haribabu v. THE STATE OF AP

CRLP/325/2026 · 2026-02-03

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010021062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 325/2026 Between: 1. KOTA HARIBABU, S/O SIVARAMA KRISHNAIAH AGE ABOUT 66 YEARS R/O 1-159, MANDE PUDI, GUNTUR DISTRICT,ANDHRA PRADESH-522018. 2. VATTIKONDA KOTESWARAMMA, W/O ANJANEYALU, AGE ABOUT 53 YEARS R/O 3-28, ATCHAIAPALEM, ALAVALA, PALANADU DISTRICT,ANDHRA PRADESH- 522617. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF AP, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District. Through SHO, Nallapadu PS, Guntur District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. CKR ASSOCIATES Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 325 of 2026 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who are Accused Nos.6 and 7, seeking anticipatory bail in connection with Crime No.1281 of 2025 of Nallapadu Police Station, Guntur District, registered for the offences punishable under Sections 120b, 420, 409 read with 34 IPC. 2. Case of the prosecution, in brief is that on 08.12.2025 at 16.00 hours, a report was lodged by the complainant K., Seena Reddy, Divisional Cooperative Officer, Guntur, stating that accused Nos.1 to 11 with criminal conspiracy and common intention, misappropriated funds and thereby, caused loss to the bank, by sanctioning loans to fraudulent groups. After conducting a detailed enquiry and basing on the instructions of the District Collector, a report was lodged. 3. Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. 4. Learned counsel for the petitioners would submit that petitioners never participated in the decision making which was done by Chairman in this case. The allegation made against the petitioners is that they have acted as spectacular without raising their voice when the decision was taken by the Chairman. It is further submitted that they are not the members of the 3 Managing Committee at the relevant point of time. Learned counsel for the petitioners finally submits that accused No.7 is a woman and accused No.6 is a Senior Citizen and they are ready to cooperate with the investigation and ready to furnish the sureties to the satisfaction of the Court. 5. Learned Assistant Public Prosecutor, in reply, would submit that it is a scam of 17 crores. The petitioners never cooperated for the investigation in this matter. Investigation is at nascent stage and finally, prays for dismissal of petition. 6. Considering the submissions made and on perusal of the material on record, the offences alleged against the petitioners is regarding cheating and breach of trust in conspiracy with the other accused. Taking into consideration of the stage of the investigation, this is not the stage to consider their plea for anticipatory bail. 7. Accordingly, the Criminal Petition is dismissed. However, considering the submission of learned counsel for the petitioners that accused No.6 is a Senior Citizen and accused No.7 is a woman, the petitioners are directed to surrender before the concerned jurisdictional Court within a period of one (1) week and move regular bail application before the concerned Court. On such filing of application, the learned Judge shall take an appropriate decision in accordance with law as expeditiously as possible. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.02.2026 ARB 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 325 of 2026 Date: 04.02.2026 ARB