Andhra Pradesh High Court – Amravati
J Surendra Nath vs The State Of Andhra Pradesh on 2 January, 2025
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION Nos. 3822, 3823, 3825, 3826
AND 3869 OF 2024
COMMON ORDER:
Criminal Petition No. 3822 of 2024 is filed by the petitioner-
accused No. 3, Criminal Petition No. 3823 of 2024 is filed by the
petitioner-accused No. 4, Criminal Petition No. 3825 of 2024 is filed
by the petitioner-accused No. 1, Criminal Petition No. 3826 of 2024
is filed by the petitioner-accused No. 5 and Criminal Petition No.
3869 of 2024 is filed by the petitioners-accused Nos. 12 and 13,
under Section 438 Cr.P.C., seeking to release them on bail in the
event of arrest in crime No. 165 of 2024 of Dhone Town Police
Station, Nandyal District, registered for the offences punishable
under Sections 409, 420, 465, 468, 471 and 120-B read with
Section 34 IPC.
2. Since all the criminal petitions arise out of the same crime,
they are heard together and are being disposed of by this common
order.
3. Sri Kashapogu Suresh, learned counsel, represents that Sri
Painti Suresh, learned counsel appearing for the petitioners-
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accused Nos. 12 and 13, passed away and he has therefore filed
vakalat on behalf of the petitioners-accused Nos. 12 and 13.
4. Heard Sri Srinivasa Rao Narra, learned counsel appearing for
the petitioners-accused Nos. 1 and 3 to 5, Sri Kashapogu Suresh,
learned counsel appearing for the petitioners-accused Nos. 12 and
13, and learned Additional Public Prosecutor appearing for the
respondent-State.
5. On 29-05-2024, the Municipal Commissioner, Dhone
Municipality, lodged a complaint to the Station House Officer,
Dhone Town Police Station, alleging that an amount of
Rs.27,23,546/- belonging to Dhone Municipality was
misappropriated during the period from 2014-2019 and therefore
requested to take criminal action against the accused. On the
basis of the said allegation, the present crime has been registered
against the petitioners and others.
6. Sri Srinivasa Rao Narra, learned counsel appearing for the
petitioners-accused Nos. 1 and 3 to 5 and Sri Kashapogu Suresh,
learned counsel appearing for the petitioners-accused Nos. 12 and
13, submit that the present complaint is lodged after lapse of five
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years from the alleged misappropriation of funds and that the
Municipal Commissioner, Dhone Municipality, kept quiet for all
these years though regular audit takes place every year. They
therefore request this Court to grant anticipatory bail to the
petitioners-accused Nos. 1, 3 to 5, 12 and 13.
7. As seen from the material available on record, though the
alleged offence took place during the period from 2014-2019, the
complaint came to be given only on 29-05-2024. In view of the
above facts and circumstances of the case, this Court is inclined to
grant anticipatory bail to the petitioners-accused Nos. 1, 3 to 5, 12
and 13 with certain conditions.
8. The petitioners-accused Nos. 1, 3 to 5, 12 and 13 are,
therefore, directed to surrender before the Station House Officer,
Dhone Town Police Station, Nandyal District, within a period of two
weeks from today. On such surrender, the petitioners-accused
Nos. 1, 3 to 5, 12 and 13 are ordered to be enlarged on bail on
their executing each a personal bond for Rs.20,000/- with two
sureties for the like sum each to the satisfaction of the Station
House Officer, Dhone Town Police Station. After release, the
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petitioners-accused Nos. 1, 3 to 5, 12 and 13 are directed to report
before the Station House Officer, Dhone Town Police Station, once
in a week i.e. on every Monday between 10 a.m. and 5 p.m. for a
period of six weeks.
9. Accordingly, all the criminal petitions are allowed. Pending
miscellaneous applications, if any, shall stand closed in
consequence.
_____________________
JUSTICE K.SURESH REDDY
Date: 02-01-2025,
JSK
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HON’BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION Nos. 3822, 3823, 3825, 3826
AND 3869 OF 2024
DATE: 02ND JANUARY, 2025
JSK