Andhra Pradesh High Court – Amravati
Bhogavalli Venkata Satyanarayana vs The State Of Andhra Pradesh on 23 July, 2025
APHC010360162025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY THIRD DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7432/2025
Between:
Bhogavalli Venkata Satyanarayana ...PETITIONER/ACCUSED
AND
The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
Ram Babu Devavarapu
Counsel for the Respondent/complainant:
Public Prosecutor
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of the
Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’),
seeking to enlarge the petitioner/Accused on bail in Cr.No.17 of 2025 of
Nellore Rural Police Station, Sri Potti Sriramulu Nellore District, registered
against the petitioner/Accused herein for the offence punishable under
Sections 409, 420 of the Indian Penal Code, 1860 (for short ‘the I.P.C‘).
2
Dr.YLR, J
Crl.P.No.7432 of 2025
Dated 23.07.2025
2. The case of the prosecution is that prior to 08.09.2023, at Gundlapalem
Village, Nellore Rural Mandal, an offence occurred which was reported on
29.01.2025 at 10:00 hours. The complainant, Pandillapalli Srinivasulu, who
obtained a dealership from ERISHA (E-Mobility Private Limited) in the year
2023 for selling ERISHA Company battery-operated autos, transferred the
following amounts to the accused, Bhogavalli Venkata Satyanarayana, who is
the AP State Distributor of ERISHA (E-Mobility Private Limited): Rs.2,00,000/-
on 23.08.2023, Rs.5,00,000/- on 24.08.2023, Rs.9,00,000/- on 04.09.2023 all
from his ICICI Bank Account No. 285901003236 to the accused’s SBI Account
No. 20510523001, Labbipet Branch, Vijayawada. Additionally, the
complainant transferred Rs.6,00,000/- on 08.09.2023 from his SBI Account
No.42247833166 to the same account of the accused. In total, the
complainant paid Rs.22,00,000/- to the accused for the supply of ERISHA E-
Mobility battery-operated autos. However, the accused failed to supply the
said autos. Upon enquiry, the complainant came to know that the accused did
not remit the amount received from him to the company and thereby cheated
him.
3. Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor.
4. Sri Rambabu Devarapu, the learned counsel for the petitioner, submits
that the petitioner has not committed any offence; he was falsely implicated in
this case; he is sole bread winners of his family; he is ready to abide any
conditions to be imposed by this Court; and urged to enlarge the petitioner on
bail.
3
Dr.YLR, J
Crl.P.No.7432 of 2025
Dated 23.07.2025
5. Per contra, Ms. P. Akhila Naidu, opposed in granting of bail stating that
accusation is well-founded; if the petitioners are granted bail, they will repeat
the same offence and urged to dismiss the bail petition.
6. Perused the record.
7. The grievance of the de-facto complainant is that the petitioner/accused
collected an amount of Rs.22,00,000/- (Rupees Twenty Two Lakhs Only) on
different occasions for delivery of vehicles. However, the petitioner neither
delivered the vehicles nor returned the money, citing one reason or other.
Thereby the complainant suffered a loss of Rs.28,00,000/- (Rupees Twenty
Eight Laksh Ony). As seen from the invoice and other documents, four
vehicles were delivered as per the invoice filed.
8. Be that as it may, the petitioner has been in judicial custody for the past
16 days. The petitioner is not a public servant; therefore, the charge of
criminal breach of trust by a public servant would not be attracted.
9. Keeping into consideration the number of days the petitioner has been
in judicial custody, the nature of the allegations levelled against him, and his
alleged role played in the case, this Court is inclined to enlarge the petitioner
on bail.
10. This Court is of the opinion that if certain stringent conditions are
imposed on the petitioner for securing his presence before the learned Trial
Court for trial, the interest of justice would be met.
4
Dr.YLR, J
Crl.P.No.7432 of 2025
Dated 23.07.2025
11. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioner/Accused shall be enlarged on bail subject to
he executing a personal bond for a sum of Rs.20,000/- (Rupees
Twenty Thousand Only), with two sureties for the like sum each
to the satisfaction of the learned IV Additional Judicial Magistrate
of I Class, Nellore City.
ii. The petitioner/accused shall appear before the Station
House Officer, Nellore Rural Police Station, Sri Potti Sriramulu
Nellore District, on every Saturday in between 10:00 am and
05:00 pm, till the conclusion of the Trial.
iii. The petitioner/accused shall not leave the limits of the
District without prior permission from the learned Trial Judge.
iv. The petitioner/accused shall not commit or indulge in
similar offences in future.
v. The petitioner/accused shall cooperate with the
investigating officer in further investigation of the case and shall
be available to the investigating officer as and when called by
him.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 23.07.2025
KMS
5
Dr.YLR, J
Crl.P.No.7432 of 2025
Dated 23.07.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7432 of 2025
Date: 23.07.2025
KMS
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