Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2783 (AP)

Patnala Naresh Kumar v. The State of Andhra Pradesh

CRLP/4572/2026 · 2026-06-04

A Hari Haranadha Sarma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010284562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 4572/2026 Between: 1. PATNALA NARESH KUMAR, S/O LATE NARASINGA RAO,AGED 35 YEARS, R/O D.NO.36-16-1/2,KOTHIA REDDY, KANCHARAPALEM. VISAKHAPATNAM.-530 008 2. GARIKINA APARNA, W/O GARIKINA APPALA RAJU,AGED 25 YEARS, R/O D.NO.36-44-28, JOGARAONAGAR,KANPHARAPALEM, VISAKHAPATNAM - 530008. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS LS.H.O, KANCHARAPALAM POLICE STATIONVISAKHAPATHAM.REP. BY PUBLIC PROSECUTOR,HIGH POURT OF AR AMARAVATHINELAPADU, MARAVATIGUNTUR DISTRICT,ANDHRA PRADESH 52223 2. MALLA SHANKARA RAO, S/O LATE APPA RAO, AGED ABOUT 35 YEARS, R/O D.NO. 36-44-2/4, JOGARAO NAGAR KANCHARAPALEM, VISAKHAPATNAM CITY-530008 PH. NB 9704491306 ...RESPONDENT/COMPLAINANT(S): 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 may be pleased to direct the Station House Officer, Kancharapalem Police Station, Visakhapatnam District, to release the 2 Petitioners/Accused Nos.2 and 6 in the event of their arrest in connection with Crime No.94/2026 on the file of Kancharapalem Police Station, Visakhapatnam District, and pass such Counsel for the Petitioner/accused(S): 1. PERLA NOOKARAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 4572 OF 2026 ORDER: This Criminal Petition has been filed by the petitioners/Accused Nos.2 and 6 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of pre-arrest Bail in Cr.No. 94 of 2026 on the file of Kancharapalem Police Station registered against the petitioners for the offences punishable under Sections 318(4) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short “BNS”) and Sections 21(1), (2), (3) of the Banning of Unregulated Deposit Schemes Act, 2019. 2. Heard Sri Perla Nookaraju, learned counsel for the petitioners and Sri K. Sandeep, learned Assistant Public Prosecutor representing the respondent/State. 3. The petitioners/A2 and A6 prayed for grant of pre-arrest bail contending that their invovlvement in the case is false and they are innocent. 4. The case of the prosecution in brief is that, it is a case of huge financial fraud involving Rs.15 Crores collected from various depositors by way of unregulated deposit schemes, as deposit chits, Pappulu Chits, Dasara Schemes, Varalakshmi Schems, Gold Schemes, Chrismas Schems, Sankranthi Schems, Kirana Item Deposit Schemes and monthly draw deposits and the matter is under investigation. 4 5. The learned Assistant Public Prosecutor submitted that the matter is at preliminary stage of investigation. Various chits are valued from Rs.1 lakh to 50 lakhs collected from gullible masses who got attracted to deposit the amounts. Since the matter is at preliminary stage of investigation, the application for grant of pre-arrest bail deserves to be dismissed. 6. Earlier, the application filed by the petitioners in Crl.M.P. No. 437 of 2026 before the Special Judge for Trial of Cases under the Banning of Unregulated Deposit Schemes Act, 2019-cum-Principal Sessions Judge, Visakhapatnam, was dismissed by order dated 11.05.2026 insofar as the present petitioners are concerned, while the same was allowed in respect of Accused Nos. 2, 4, and 5. Referring to the said order, the learned Assistant Public Prosecutor submitted that there has been no change in circumstances since the dismissal of the earlier application on 11.05.2026 and that no new grounds or additional merits have been placed before this Court for consideration. He further submitted that the learned Special Judge, while considering the contention of the present petitioners regarding the involvement of the other accused, had passed a reasoned order rejecting their prayer for grant of pre-arrest bail. 7. It is further submitted by the prosecution that Accused Nos. 1 and 2 had issued cheques to certain depositors and that the investigation is still in progress with regard to the extent of additional funds allegedly misappropriated and the availability of the amounts involved. It is also 5 contended that further examination of witnesses is necessary and that, so far, only five witnesses have been examined. 8. Upon considering the nature and depth of the allegations, and since substantial financial implications are involved in the case, and in the absence of any specific change in circumstances since the dismissal of the earlier application, this Court finds that the prayer of the petitioners for grant of pre- arrest bail at this stage deserves to be rejected. 9. Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________________ A. HARI HARANADHA SARMA, J Date: 05.06.2026 UPS/NSM 6 13 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 4572 OF 2026 Date: 05.06.2026 UPS/NSM