P.Kodanda Ramesh Kumar vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

The Criminal Petition has been filed under Section 482 of the BNSS, by the petitioner/A16for granting of pre-arrestbail in connection with Crime No.78of 2021ofCID, R.O. Kurnool, SHO, DharmavaramPolice Station, registered for the alleged offences punishable under Sections403, 406, 409, 471, 420, 120-B r/w 34 of Indian Penal Code (for short ‘IPC’) and Section 5 of Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (for short the ‘AP DFE Act, 1999’).

Facts, in brief, of the case are thatA1 and A2, who are agents, and A3, who was manager in EBIDD Financial Traders Company, Ananthapur took an amount of Rs.28,00,000/- from the defacto complainant and cheated him and failed to return back the amount. Basing on the complaint lodged by the defacto complainant, a case was registered against the petitioner and others.

3.Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

Learned counsel for the petitioner submits that the petitioner has not committed any offence and he hasfalsely implicated in this case. The petitioner would abide by any condition to be imposed by this court.

Per contra, the Ms. P. Akila Naidu, learned Assistant Public Prosecutor, opposed in granting of bail on the ground that some more material witnesses have to be examined; investigation is not completed; if the petitioner isenlarged on bail, he would not be available for the investigation and hewould escape from the clutches of law; and urged to dismiss the bail petition.

A perusal of the material on record reveals that the case was registered against the petitioner/Accused No.16 based on the confessional statements of A1 and A2, who are agents, and A3, who was the manager of EBIDD Financial Traders Company, Ananthapur. The petitioner/A16 was also added in the crime. Accused No.7 has already been granted anticipatory bail by this Court in Crl.P.No.1087 of 2023, dated 16.02.2023.In view of the nature of the allegations leveled against the petitioner and his alleged role in this case and in view of the gravity of this case,this Court is inclined to consider request of petitionerfor grant of anticipatory bail.

Accordingly, this criminal petition is allowed with the following directions:

a) In the event of arrest of the petitioner, the petitioner shall be enlarged on bail on executing a bond for a sum of Rs.20,000/-(Rupees twenty thousand only),with two sureties each for the like sum each to the satisfaction of the arresting police officials;

b) The petitioner shall makehimselfavailable for investigation as and when required;

c) The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses;

d)The petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.

e) The petitioner shall not leave the district limits without the express permission from the Station House Officer concerned.