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Andhra Pradesh High Court – Amravati
Hari Mohan Alias Hari Mohan Rana vs The State Of Andhra Pradesh on 31 July, 2025
APHC010363562025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY,THE THIRTY FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7534/2025
Between:
HARI MOHAN ALIAS HARI MOHAN RANA, S/O SHRI MANGU SINGH,
AGED ABOUT 50 YEARS. PRESENTLY RESIDING AT F-406,
GANAPATI ENCLAVE, DADPUR, P.O./P.S. BAHADRABAD, DISTRICT
FLARIDWAR, PERMANENT RESIDENT OF VILLAGE-KURALSI, P.O.-
KURALSI, P.S. BUDHANA, DISTRICT MUZAFFARNAGAR, UTTAR
PRADESH.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH
ATAMARAVATI.
2. THE INVESTING OFFICER, SIT, ANDHRA PRADESH,TIRUPATHI.
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused:
M VENKATA SAI NIKHIL KASHYAP
Counsel for the Respondent/complainant(S):
1. P S P SURESH KUMAR, Spl. Public Prosecutor for CBI
2. PUBLIC PROSECUTOR
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Dr.YLR, J
Crl.P.No.7534 of 2025
Dated 31.07.2025
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 No.12 on bail in Crime No.470 of
2024 of East Police Station, Tirupati District, registered against the
Petitioner/Accused No.12 herein for the offences punishable under Sections
274, 275, 316(5), 318(3), 318(4), 61(2), and 299 read with 49 read with 3(5)
of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), and Sections 51 and
59 of the Food Safety And Standards Act, 2006 (for brevity ‘the Act’).
2. The facts in brief, as presented by the prosecution, state that this case
pertains to cheating, criminal breach of trust by a merchant, and causing
wrongful loss to the Tirumala Tirupati Devasthanams (TTD) with dishonest
and common intention. The allegation is that M/s AR Dairy Food Private
Limited, Dindigul, Tamil Nadu, in conspiracy with other vested interests,
supplied adulterated and substandard cow ghee, thereby violated the
conditions of the tender agreement entered with TTD authorities.
3. It is further alleged that this was done with criminal conspiracy and
malicious intent to hurt the religious sentiments of Hindu devotees of Lord Sri
Venkateswara Swamy, Tirumala, by deliberately supplying impure ghee
meant for religious purposes. The incident pertains to the period prior to
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Dr.YLR, J
Crl.P.No.7534 of 2025
Dated 31.07.2025
12.07.2024 and occurred at the TTD Administration Building, Tirupati. A
formal complaint was lodged at East Police Station, Tirupati, on 25.09.2024 at
1:45 PM by the complainant, Sri P. Murali Krishna, General Manager
(Procurement), TTD, Tirupati. As per the complaint, TTD had called for
tenders on 12.03.2024 for the supply of 10 lakh kilograms of Agmark Special
Grade Cow Ghee. The tender was finalized on 08.05.2024, and a supply order
was issued on 15.05.2024 to M/s AR Dairy Food Private Limited, Dindigul.
The firm subsequently supplied four tanker loads of ghee on 12.06.2024,
20.06.2024, 25.06.2024, and 04.07.2024, respectively. Samples from the
supplied ghee were sent confidentially to NDDB CALF Lab, Anand, Gujarat,
for testing. The laboratory report dated 12.07.2024 confirmed that the ghee
was substandard and adulterated, containing both vegetable and animal fat-
based adulterants, including LARD. Based on this lab report, the complainant,
P. Murali Krishna, lodged a complaint with the Station House Officer (SHO),
East Police Station, Tirupati, requesting legal action against M/s AR Dairy
Food Private Limited, Dindigul, for breaching tender agreement clauses and
committing cheating for wrongful gain.
4. Heard learned counsel for the Petitioner and the learned Special Public
Prosecutor.
5. Sri Srinivas Basava, learned counsel, representing Sri M.V.S.Nikhil
Kashyap, the learned counsel for the Petitioner, submits that the Petitioner
has not committed any offence; he was falsely implicated in this case; he is
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Dr.YLR, J
Crl.P.No.7534 of 2025
Dated 31.07.2025
the sole bread winner of his family; and urged that the Petitioner has been in
the judicial custody for the past 130 days. The Petitioner was arrested on
21.03.2025. The learned counsel for the petitioner further submits that the
petitioner has already left the Bhole Baba Company, but there are no
averments to that effect in the petition; he is ready to abide any conditions to
be imposed by this Court, and it is urged to grant bail to the petitioner/Accused
No.12.
6. Per contra, Sri P.S.P. Suresh Kumar, the learned Special Public
Prosecutor, vehemently argued that there are increasing number of instances
wherein the petitioner threatened witnesses; did not respond to a notice
issued under Section 35(3) of ‘the BNSS’; the petitioner indulged in raising
invoices of company for adulterated ghee; because of the non-cooperation
and inadvertent attitude of the petitioner, the investigating agency could not
locate the other persons involved in this case. Hence, it is urged to dismiss the
petition.
7. However, as seen from the record, the petitioner/Accused No.12 was
only a Plant General Manager of Bole Baba Company. All the other accused,
except this petitioner, have been enlarged on bail. This Court, on 28.07.2025
in Crl.P.No.7467 of 2025, enlarged Accused No.15 on bail with stringent
conditions.
8. Considering the gravity and nature of the allegations levelled against
Petitioner, and his alleged role played in this case, the period of detention
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Dr.YLR, J
Crl.P.No.7534 of 2025
Dated 31.07.2025
undergone by him in the judicial custody, this Court deems it fit to enlarge the
Petitioner/Accused No.12 on bail. 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.
9. In the result, the Criminal Petition is allowed with the following
conditions:
i. The Petitioner/Accused No.12 shall be enlarged on bail
subject to he executing a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh Only), with two sureties for the
like sum each to the satisfaction of the learned Special Judge for
SPE and ACB Cases-Cum-II Additional District and Sessions
Judge, Nellore.
ii. The Petitioner/Accused No.12 shall appear before the
Station House Officer, East Tirupati Police Station, Tirupati
District, on every fifteen days in a month, till the conclusion of the
Trial.
iii. The Petitioner/Accused No.12 shall not leave the limits of the
Country without prior permission from the Investigating Officer.
iv. The Petitioner/Accused No.12 shall not commit or indulge in
similar offences in future.
v. The Petitioner/Accused No.12 shall cooperate with the
investigating officer in further investigation of the case and shall
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Dr.YLR, J
Crl.P.No.7534 of 2025
Dated 31.07.2025be available to the investigating officer as and when called by
him.
vi) The petitioner/Accused No.12 shall surrender his passport, if
any, to the investigating officer. If he claims that he does not have
a passport, he shall submit an affidavit to that effect to the
Investigating Officer.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 31.07.2025
RSI
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Dr.YLR, J
Crl.P.No.7534 of 2025
Dated 31.07.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7534 of 2025
Date: 31.07.2025
RSI
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