S. Thiraviaraj vs State Of Andhra Pradesh

K. Suresh Reddy, J

Accused No.2 in Crime No.14 of 2025 of Nagalapuram Police Station, Tirupati District, filed the present Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) seeking pre-arrest bail. The above crime was registered against the petitioner herein for the offences under Sections 316(5), 318(4), 323, 306, 198 r/w 3(5) of BNSS.

Case of the prosecution is that the petitioner, who was shown as Accused No.2, was working as a Branch Manager at Union Bank of India, Nagalapuram Branch and Accused No.1 was working as a Deputy Branch Manager in the said Branch. Accused No.1 said to have misappropriated 30 gold jewellery packets pledged by the customers from the iron safes of the branch. In the departmental enquiry, the petitioner was issued with a show-cause notice, dated 18.02.2025 wherein it is stated as follows:-

“On 10.02.2025, Mr.Arava Surya Theja, DBH had received the Auditor Mr.D.Raj Kamala Naik at Puttur who nominated for RBIA audit of Nagalapuram branch. During the conversation Mr.Arava Surya Theja came to the knowledge of commencement of RBIA of Nagalapuram Branch that day. On arriving at the branch, Mr.Arava Surya Theja voluntarily confessed to the Internal Auditor, Mr.D.Raj Kamal naik and Branch Head, Mr S.Thiraviaraj, that he had misappropriated and stolen few Gold loan packets and then departed from the branch. The Branch Manager Mr.S.Thiraviaraj (PF No:716332), has immediately reported the same to Regional Head.

Upon receiving the information both Regional Head and Dy Regional Head of Tirupathi Region contacted Mr.Arava Surya Theja on his mobile and enquired about the incident. During the conversation Mr.Arava Surya Theja has informed the Regional Head that he owed huge debts and was under immense pressure due to his financial and family problem and to have relief from this he has committed the alleged acts of theft and Misappropriation of the said gold loan packets.

Later the Regional Head along with Dy. Regional Head (Business Development) had convinced Mr.Arava Surya Theja to meet them in person. On continuous persuasion by the authorities, Mr.Arava Surya Theja agreed to meet them at a place he chose and also shared the location. Based on shared details, Regional Head and Dy Regional Head met Mr Arava Surya Theja”.

In the same show-cause notice, the allegation made against the petitioner is as follows:-

“As a Branch Manager & Joint custodian of gold loans, without verifying / tallying the gold loan pouches as per finnacle and actual outstanding pouches Shri.S.Thiraviaraj has submitted the Monthly certificate – Tallying of Gold Loans for the months of November 2024 and December 2025 vide their letter ref.NAGAL/12/2024-25 dated 02.12.2024 and NAGAL/12/2024-25 dated 01.01.2025 respectively.

Being a Branch Manager and a Joint Custodian Shri.S.Thiraviaraj did not follow the “joint custodian concept” and have completely violated the laid down guidelines in safe keeping of the pledged gold ornaments. Shri. S.Thiraviaraj has failed to verify and ensure the count of gold loan packets in the branch on day to day basis and allowed Shri. Arava Surya Theja to siphon the gold loan packets form the safe and allowed him to pledge the same gold ornaments repeatedly in the name of other few customers”.

Basing on the complaint given by the complainant, the above crime has been registered against the petitioner/Accused No.2.

Learned counsel for the petitioner submits that the petitioner did not commit any offence and he was falsely implicated in the said case. He further submits that most of the investigation is completed and prays to grant anticipatory bail.

On the other hand, learned Assistant Public Prosecutor, opposed the bail application.

This Court perused the entire material on record. As seen from the record, Accused No.1, who allegedly misappropriated gold from the bank, was released on regular bail vide this Court order, dated 08.05.2025 in Crl.P.No.4180 of 2025. Hence, this Court is inclined to grant pre-arrest bail to the petitioner with certain conditions:-

(i) The petitioner shall surrender before the Station House Officer, Nagalapuram Police Station, Tirupati District on or before 05.06.2025.

(ii) On such surrender, the Station House Officer, Nagalapuram Police Station, is directed to release the petitioner on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to his satisfaction.

(iii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e. on every Wednesday between 10.00 a.m. and 01.00 p.m., until further orders.

(iv) On such release, the petitioner shall cooperate with the investigation and he shall not to tamper with the prosecution witnesses.

Accordingly, the Criminal Petition is allowed.