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2026 DAILYLAW 27229 (AP)

Bhanu Rekha alias Annapareddy Bhagya Rekha v. The State of Andhra Pradesh

CRLP/13299/2025 · 2026-01-20

Y Lakshmana Rao

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010676182025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between: 1. BHANU REKHA ALIAS ANNAPAREDDY BHAGYA REKHA, D/O. PRASAD, AGED ABOUT 38 YEARS,OCC APPRAISER,R/O. 12 PURUSHOTHA PATNAM, PALNADU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravathi. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum o Criminal Petition, the High Courtpleased to direct release the petitioner on bail in the event of her arrest pursuant to registration of in in Crime (FIR). No. 23 of 2024 dated.09.10.2024 of CID Police Station, Mangalagiri, Guntur District, pending enquiry and trial and pass such Counsel for the Petitioner/accused: 1. MD SALEEM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13299/2025 BHANU REKHA ALIAS ANNAPAREDDY BHAGYA REKHA, D/O. PRASAD, AGED ABOUT 38 YEARS,OCC- EX-GOLD LOAN APPRAISER,R/O. 12-1647, PATIMEEDHA, CHILAKALURIPETAH/O. PURUSHOTHA PATNAM, PALNADU DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravathi. ...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 Courtpleased to direct release the petitioner on bail in the event of her arrest pursuant to registration of in in Crime (FIR). No. 23 of 2024 dated.09.10.2024 of CID Police Station, Mangalagiri, Guntur , pending enquiry and trial and pass such Counsel for the Petitioner/accused: Counsel for the Respondent/complainant: PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH [3521] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO BHANU REKHA ALIAS ANNAPAREDDY BHAGYA REKHA, D/O. GOLD LOAN 1647, PATIMEEDHA, CHILAKALURIPETAH/O. ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS f Grounds of Criminal Petition, the High Courtpleased to direct release the petitioner on bail in the event of her arrest pursuant to registration of in in Crime (FIR). No. 23 of 2024 dated.09.10.2024 of CID Police Station, Mangalagiri, Guntur 2 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the BharatiyaNagarikSurakshaSanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.16 for granting of pre-arrest bail in connection with Crime No.23 of 2024 dated.09.10.2024 of CID Police Station, Mangalagiri, Guntur District, registered for the alleged offences punishable under Sections 318(4), 316(5), 61(2) of the BharatiyaNyayaSanhita, 2023 (for brevity ‘the BNS’). 2. Mr.Saleem, the learned counsel for the petitioner, submitted that the petitioner/Accused No.16 is innocent. She has not committed any offence. She has been falsely implicated in this case. She is a law-abiding citizen. She has a fixed abode. She is unmarried. She would abide by any condition that this Court deems fit to impose while enlarging him on pre-arrest bail. The entire responsibility lies on the Manager of the ICICI Bank in verifying and checking the gold ornaments before granting loan to the customers.Hence, it is urged to enlarge the petitioner on pre-arrest bail. 3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor submits that the petitioner being the 1st person to check the purity of the gold and inform the same to the bank manager. The petitioner was colluded with the other person and cheated the bank. The investigation is at a crucial stage. 3 The accusation against the petitioner is well founded, and it is urged to dismiss the petition. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner is shown as Accused No.16. The allegations against the petitioner is that she acted as a gold loan appraiser to ICICI Bank. Four years ago gold was allowed to be kept as pledge for grant of loan with the active participation of the petitioner as a gold loan appraiser. There is a responsibility casts on the petitioner being a gold loan appraiser to check the purity or otherwise of the gold ornaments to be pledged with the bank for grant of loan. Investigation is at crucial stage.Only seven witnesses are examined. Grant of anticipatory bail is neither a license or a shield to those persons against whom the specific allegations are made. Therefore, the request for grant of pre-arrest bail is not found to be convincing or reasonable. 6. In view of the specific overt acts attributed against the petitioner/Accused No.16, this Court is not inclined to grant pre-arrest bail to the petitioner, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1and Sushila Aggarwal v. State of (NCT of Delhi)2. 7. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled against the petitioner/accused No.16, there 1(1980) 2 SCC 565 2(2020) 5 SCC 1 4 are no merits to grant pre-arrest bail to the petitioner/Accused No.16. Hence, the Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. However, as per the request of the learned counsel for the petitioner, liberty is granted to the petitioner to surrender before the learned Jurisdictional Court concerned within two (02) weeks from the date of receipt of the copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned shall endeavour to dispose of the said application in accordance with law, on its own merits, after giving due opportunity of hearing to the learned counsel for the petitioner and the learned Public Prosecutor concerned, and shall pass appropriate orders within a period of one (01) week. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J 21.01.2026 KKV