APHC010411042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOS: 6576, 7416, 7449, 7545, 9785 of 2024 & 2186 of 2025 CRIMINAL PETITION NO: 6576/2024 Between: 1. P ANIL KUMAR, S/O.P.MADHUSUDHAN RAO AGED 47 YEARS, OCC CHIEF EXECUTIVE OFFICER M/S.PRATHIMA INFRASTRUCTURE LIMITED R/O.PLOT NO.213, ROAD NO.1, FILMNAGAR HYDERABAD - 56, TELANGANA STATE 2. M/S.PRATHIMA INFRASTRUCTURE LIMITED, REP.BY ITS CEO P.ANIL KUMAR S/O.P.MADHUSUDHANA RAO R/O.PLOT NO.213, ROAD NO.1, FILMNAGAR HYDERABAD - 56, TELANGANA STATE ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER CIU ANTI CORRUPTION BUREAU, VIJAYAWADA NTR DISTRICT REP.BY PUBLIC PROSECUTOR HIGH COURT, AMARAVATHI ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. G LAKSHMI Counsel for the Respondent/complainant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2 CRIMINAL PETITION NO: 7416/2024 Between: 1. R. VENKATA KRISHNA REDDY, S/O.R.SAMBASIVA REDDY AGED 42 YEARS, OCC PVT.SERVICE R/O.D.NO.1-1, KUMBAGIRI VILLAGE ATLUR MANDAL, YSR KADAPA DISTRICT ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER CIU ANTI CORRUPTION BUREAU, VIJAYAWADA NTR DISTRICT REP.BY PUBLIC PROSECUTOR HIGH COURT, AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SODUM ANVESHA Counsel for the Respondent/complainant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB CRIMINAL PETITION NO: 7449/2024 Between: 1. M/S GCKC PROJECTS AND WORKS PVT LTD, REP. BY ITS AUTHORIZED SIGNATORY/ PROJECT COORDINATOR VIMAL PARMAR, S/O.RATAN LAI PARMAR, CORPORATE OFFICE AT 24, MISSION COMPOUND, AJMER ROAD, JAIPUR-302001. REGD. OFFICE AT B-1, GAJEL APARTMENTS, 58, GREAMS ROAD, CHENNAI-600006. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER, CIU ANTI-CORRUPTION BUREAU AP, VIJAYAWADA, NTR DISTRICT, REP.BY PUBLIC PROSECUTOR HIGH COURT AT AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. B JAYA PRABHAKARA RAO 3 Counsel for the Respondent/complainant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB CRIMINAL PETITION NO: 7545/2024 Between: 1. MR. ANIL ATMARAM KAMAT, S/O. ATMARAM GOVIND KAMAT AGED 73 YEARS OCC PVT EMPLOYEE PLOT NO 10, SY NO 6-3-1099/110, RAJBHAVAN ROAD, SOMAJIGUDA, HYDERABAD, 500082. 2. M/S. JAIPRAKASH POWER VENTURES LIMITED, REP.BY ITS AUTHORIZED REPRESENTATIVE MR. MAHESH CHATURVEDI S/O LATE DWARKA NATH CHATURVEDI 0/O.JA HOUSE, 63, BASANT LOK, VASANT VIHAR, NEW DELHI - 100057 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR THROUGH STATION HOUSE OFFICER CIU ANTI CORRUPTION BUREAU, VIJAYAWADA NTR DISTRICT, HIGH COURT, AMARAVAT ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SRINIVASA RAO MADIRAJU Counsel for the Respondent/complainant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB CRIMINAL PETITION NO: 9785/2024 Between: 1. ASHOK KUMAR, S/O. ROOPCHAND SAMDARIA, AGED ABOUT 58 YEARS. DIRECTOR OF M/S. GCKC PROJECTS AND WORKS PVT. LTD., (A-7) CORPORATE OFFICE AT 24, MISSION COMPOUND, AJMER ROAD, JAIPUR-302001. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER, CIU ANTI-CORRUPTION BUREAU, AP, VIJAYAWADA, NTR DISTRICT, REP.BY PUBLIC PROSECUTOR HIGH COURT AT AMARAVATHI. ...RESPONDENT/COMPLAINANT 4 Counsel for the Petitioner/accused: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent/complainant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB CRIMINAL PETITION NO: 2186/2025 Between: 1. MR. RK PORWAL, S/O LATE SHRI P.L. PORWAL AGED 61 YEARS OCC PRESIDENT (F AND A) AND CHIEF FINANCIAL OFFICER JAIPRAKASH VENTURES POWER LIMITED 63, JA HOUSE, BASANT LOK, VASANT VIHAR, NEW DELHI - 110057 ALSO AT SF-1, A-32, RAMPRASTHA, GHAZIABAD, 201011 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR THROUGH STATION HOUSE OFFICER CIU ANTI CORRUPTION BUREAU, VIJAYAWADA NTR DISTRICT, HIGH COURT, AMARAVATI ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. CH B R P SEKHAR Counsel for the Respondent/complainant: 1. S.SYAM SUNDER RAO SC cum Spl. P.P. For ACB The Court made the following: COMMON ORDER: These Criminal Petitions have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.3 and 6 in Crl.P.No.6576 of 2024, petitioner/accused No.4 in Crl.P.No.7416 of 2024, petitioner/accused No.7 in Crl.P.No.7449 of 2024, petitioners/accused Nos.2 and 5 in Crl.P.No.7545 of 2024, 5 petitioner/Director of accused No.7 in Crl.P.No.9785 of 2024 and petitioner/accused in Crl.P.No.2186 of 2025 for granting of pre-arrest bail in connection with Crime No. 04/RCO-CIU-ACB/2024 on the file of CIU Anti- Corruption Bureau, Vijayawada, NTR District, registered for the alleged offences punishable under Sections 130B, 406, 409 of IPC and Sections 7, 9, 10 & 13(1)(a) of PC (Amendment) Act, 2018, Sections 4(1), 4(1)(A) r/w 21 of A.P.Mines & Mineralas (D&R) Act, 1957. 2. Since the subject matter of these Criminal Petitions is one and the same, at the request of the learned counsel on both sides, these matters are heard together and the following common order has been passed. 3. Heard Sri C.V.Mohan Reddy, Sri T.Niranjan Reddy, Sri P.Veera Reddy, learned Senior Counsels assisted by Ms.G.Lakshmi, Ms.Sodum Anvesha, Sri B.Jaya Prabhakara Rao, Sri Madiraju Srinivasa Rao, and Sri Ch.B.R.P.Sekhar, the learned counsel for the Petitioners and Sri S.Syam Sunder Rao, learned Special Public Prosecutor for ACB representing on behalf of the State. Perused the record. 4. The case of the prosecution in brief is that the Commissioner & Director, Mines and Geology, A.P., Ibrahimpatnam, NTR District sent a report to the Principal Secretary, Industries & Commerce (Mines) Department, AP on 29.07.2024 that accused No.1 caused heavy loss to State Exchequer and gains to private parties and the government forwarded the same to Director General, ACB, AP, Vijayawada vide Memo No.251139/SC.D/A1/2024, dated 01.08.2024 to examine the same and to take necessary action. Subsequently, the Bureau addressed a letter to the government for obtaining prior approval 6 under Section 17A of the Prevention of Corruption (Amendment) Act, 2018 to conduct a Regular Enquiry against accused No.1 and obtained the same vide Memo No.2511139/SC.D/A1, dated 07.08.2024 of Chief Secretary to Government, General Administration (SC.D) Department. Based on the government memo, the DG, ACB, AP, Vijayawada ordered Regular Enquiry vide Rc.No.12/RE-CIU/2024, dated 08.08.2024. The enquiry prima-facie disclosed that accused No.1, who was also in charge of the post of the Managing Director, APMDC, AP, entered into criminal conspiracy with accused No.5, accused No.7, accused No.6 and other accused, by abusing his official position and in anticipation of accepting undue advantage, dishonestly and fraudulently allowed M/s.JPVL and others to misappropriate government funds and caused loss of approximately Rs.2,566.00 crores. Based on the memo issued by the DG, ACB, AP and based on the above facts a case in Crime No.04/RCO-CIU-ACB/2024 is registered. 5. Learned Senior Counsels for the Petitioners would submit that the Petitioners are innocents and did not commit any offence as alleged by the prosecution. There are `no allegations against the Petitioners regarding the procedural infirmities and the very attribution of Sections 7, 9, 10 and 13(1)(a) of Prevention of Corruption (Amendment Act, 2018) Act, 1988 cannot be substantiated. The allegations in the FIR do not describe the undue advantage or reward allegedly obtained by the accused No.1 which is the key ingredient to make out a case against the accused No.1 for the offence under Section 7 of the P.C.Act. The learned Senior Counsels would further submit that Sections 9 and 10 of the P.C.Act exclusively deals with the persons who are in 7 charge of Commercial Organizations and who attempt to bribe the public servants and cannot be maintained against the accused. The major part of investigation has already been conducted by the investigating agency and the petitioners are not tampering the evidence or hindering the process of investigation. The investigation agency obtained the police custody of the petitioners and sufficiently interrogated them. The material investigation against the petitioners is already concluded and they are willing to cooperate with the investigating authorities further with the investigation. 6. Learned Special Public Prosecutor for ACB would submit the investigation in this case is in a nascent stage and further investigation pertaining to connivance of accused No.1 with the other accused and entities and the role of other public servants and private persons who are involved in this case is yet to be investigated in detail. There is sufficient material available against the petitioners. The accused No.1 intentionally remained silent having knowledge of illegal mining operations by the other accused beyond the contractual period and failed to safe guard the properties of the state. The accused No.1 with the malafide intention did not take any action against the other accused for undertaking illegal mining activities violating the rules and regulations and for carrying out excavations beyond lease boundaries and permitted depth without Environmental Clearances and using heavy machinery. The accused are having nexus with high profile personalities and if released on bail they will influence the witnesses and there is every possibility that they may tamper and destroy the evidence. The petitioners/accused 8 during the police custody did not cooperate with the investigating agency. Accordingly, prays to dismiss the petitions. 7. As can be seen from the record, a case in Crime No.4/RCO-CIU- ACB/2024 was registered for the offence under Sections 406, 409, 120B IPC and Sections 4(1) and 4(1)(A) r/w Section 21 of Mines and Mineral (Development and Regulation) Act, 1957 and Sections 7, 9, 10, 12, 13(1)(a) r/w 13(2) of P.C. (Amendment Act, 2018) Act, 1988 on 11.09.2024 based on the contents of report submitted by the Commissioner and Director, Mines & Geology, A.P. 8. Considering the rival submissions and upon perusal of the material available on record, this Court finds that the allegations levelled against the Petitioners pertain to sub-leasing of contract to third parties contrary to the tender conditions, undertaking manual transactions instead of online permits for sand dispatch, non-inclusion of 5% GST in the bid amount, failure to pay instalments to APMDC within time, and continuation of excavation activities even after expiry of the lease period. On the other hand, the Petitioners placed material before this Court seriously disputing such allegations. At this stage, it is to be noted that the said allegations require thorough investigation and adjudication during the course of trial. Hence, it is not desirable to express any opinion on the merits of the case. 9. Having regard to the submissions made by the learned counsel for the Petitioners that they have cooperated with the investigation; that substantial part of the investigation has already been completed; that Accused No.1, who is not a Petitioner in this petition, was already granted bail vide Order dated 9 15.11.2024 in Crl.M.P.No.1636 of 2024 by the learned Special Judge for SPE & ACB Cases, Vijayawada; that the Petitioners are willing to produce relevant documents before the Investigating Agency as and when directed, coupled with the fact of pendency of several writ petitions filed challenging the excavation beyond the zone, wherein, the penalty proceedings were stayed, that the Petitioners in Crl.P.Nos.6576, 7416, 7449, 7545, 9785 of 2024 have been in interim protection since 01.10.2024 and the Petitioner in Crl.P.No.2186 of 2025 has been in interim protection since 20.03.2025 and that there is no allegation of misuse of the interim protection granted earlier, and that they have been complying with the conditions imposed while granting interim protection, this Court deems it appropriate to continue the said protection subject to the conduct of the Petitioners during the course of investigation. However, the apprehension expressed by the learned Special Public Prosecutor for ACB with regard to the possibility of influencing witnesses and tampering with evidence cannot be brushed aside lightly. 10. In that view of the matter, the Criminal Petitions are disposed of with the following conditions: i. Investigating Agency shall proceed with the investigation in all aspects without resorting to any coercive steps of arrest against the petitioners, subject to their conduct and compliance of the conditions referred infra; ii. The petitioners shall make themselves available for investigation as and when required and shall cooperate with the Investigating Officer for further investigation. 10 iii. The petitioners shall not cause any threat, inducement or promise to the prosecution witnesses. iv. The petitioners shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passport, they shall submit an affidavit to that effect to the Court concerned. v. The petitioners shall furnish all information and produce any material documents relating to the present crime, if required, to facilitate and conclude the investigation. vi. The petitioners shall not leave the country, without express permission from the concerned Court. vii. The petitioners shall furnish their working mobile numbers to the Investigating Officer to monitor their movements. viii. The petitioners shall refrain from conducting any press meets and shall not directly or indirectly make any statements relating to this case in the social media or any other social network platform. ix. The petitioners shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday, between 10:00 AM and 05:00 PM, till further orders. x. In violation of any conditions imposed by this Court, the prosecution is at liberty to file a petition for cancellation of the interim protection from arrest granted to the petitioners. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 16.03.2026. S D P 11 274 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOS: 6576, 7416, 7449, 7545, 9785 of 2024 & 2186 of 2025 Dt: 16.03.2026 S D P