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2026 DAILYLAW 7378 (AP)

Abbasahebgari Salam Basha v. The State of Andhra Pradesh

CRLP/6760/2026 · 2026-08-12

Y Lakshmana Rao

body2026

Judgment text

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V 35211 IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE 13‘^ DAY OF AUGUST, 2026. ^ : PRESENT; THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO^-^ CRIMINAL PETITION NO: 6760 OF 2026 <3^ f t* rr C' i. Between: 1. Abbasahebgari Salam Basha, A8 S/o A. Md. Hasham, Aged 62 years, Muslim,R/o D.No. 18-98, Near Market, Atmakur Town, Mandal, Nandyal District, AndhraPradesh - 518422. 2. Abbasahebgari Shahim Basha, A9 S/o Abbasahebgari Chand Basha, Aged 28 years, Muslim, R/o H.No. 18/98, Santha Market, Atmakur Town Mandal,Nandyal District, Andhra Pradesh - 518422. 3. M Vakeel Ahmed, A10 S/o M. Abdul Jabbar, Aged 55 years, Muslim,R/o H.No.17-171 College Bypass Road, Velugode Village 86 Mandal,Nandyal District, Andhra Pradesh - 518422. Petitioner/Accused No.8 to 10 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. (On the complaint of Sri V. Sai Baba, IFS, Deputy Director, Project Tiger Division, Atmakur, in Cr.No.67/2025of Atmakur Police Station, Nandyal District.) Respondent Petition Under Section 482 of B.N.S.S, 2023. praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to direct the Respondent to release the Petitioners/Accused Nos. 8 to 10 on bail in the event of their arrest in connection with F.I.R.No.67/2025 dated 21.04.2025 on the file of Atmakur Police Station, Nandyal District (Cr.No.67/2025), during the pendency of investigation and trial, in the interest of justice. The Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.LAKSHMIKANTH REDDY DESAI Advocate for the Petitioners and PUBLIC PROSECUTOR, for the Respondent, the Court made the following. lORDER The Criminal Petition has been filed under Section 482 Nagarik Suraksha Sanhita, 2023 (for brevity Petitioners/Accused Nos.8 to 10 for granting of with Crime No.67 of 2025 of Atmakur Police Station of the Bharatiya the BNSS’) by the pre-arrest bail in connection Nandyal District, was registered for the alleged offence punishable under Section 316(5) Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’). of the 2. Sri Rama Lakshmana Reddy, learned Counsel appearing on behalf of Sri Lakshmikanth Reddy Desai, the learned counsel for the Petitioners that the Petitioners are innocent of the alleged offence and they have falsely implicated by the Police. The Petitioners undertake to strictly adhere any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. submit been to 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of anticipatory bail to the Petitioners, subm-itting that the investigation is still at a nascent stage and several material witnesses remain to be examined. It is further urged that if the Petitioners anticipatory bail, there is a strong likelihood of their absconding, evading the process of law. Hence, it is urged to dismiss the Criminal Petition. are granted 3 Dr.YLR, J Crl.P.No.6760 of 2026 Dated 13.08.2026 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. On perusal of the record, Petitioner No.2/Accused No.9 is the son of Accused No.1. In the account of Petitioner No.2/Accused No.9, an amount of Rs.2,000/- was credited by Accused No.1. Similarly, Petitioner No. 1/Accused No.8 and Petitioner No.3/Accused No.10, who are relatives of Accused No.1, received amounts of Rs.80,400/- and Rs.85,400/-, respectively, in their accounts from Accused No.1. The amounts transferred by Accused No.1 are alleged by the prosecution to be part of the amounts misappropriated by Accused No.1 while working as a Government servant. The total amount allegedly misappropriated by Accused No.1 is Rs.7.5 crores. Accused Nos.1 to 6 have been arrested. Accused Nos.5 and 6 have been enlarged on bail. The Petitioners are not Government servants. 5. 6. Having regard to the facts and circumstances of the case, the gravity and nature of the allegations leveled against the Petitioners/Accused Nos.8 to 10, this Court is inclined to grant pre-arrest bail to the Petitioners/Accused V V ) Nos.8 ot 10, with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of their arrest, the Petitioners/Accused Nos.8 to 10 shall be enlarged on bail subject to they executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) 4 Dr.YLR, J Crl.P.No.6760 of 2026 Dated 13.08.2026 each with two sureties each for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioners/Accused Nos.8 to 10 shall make themselves available for investigation as and when required; iii. The Petitioners/Accused Nos.8 to 10 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the Charge Sheet. iv. The Petitioners/Accused Nos.8 to 10 shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned. V. The Petitioners/Accused Nos.8 to 10 shall not, directly indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court, vi. The Petitioners/Accused Nos.8 to 10 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. or SD/- Y.SRINIVASU ASSI^^^EGiSTRAR //TRUE COPYA SECTION OFFICER To 1. The I Additional Sessions Judge, Kurnool 2. The Station House Officer, Atmakur UPS, Nandyala District. 3. One CC to SRI. LAKSHMIKANTH REDDY DESAI Advocate [OPUC] 4. Two CC’s to Public Prosecutor, High Court of AP at Amaravati. [OUT] 5. One spare copy. TVSR HIGH COURT DR.YLR,J DATED: 13/08/2026 ORDER CRLP.No.6760 of 2026 ALLOWED