Andhra Pradesh High Court - Amravati
Kothapalli Sai Vivek vs The State Of Andhra Pradesh, on 23 December, 2020
Author: K Suresh Reddy
Bench: K Suresh Reddy
WEDNESDAY, THE TWENTY THIRD DAY OF DECEMBER-- TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY~ CRIMINAL PETITION NO: 5753 OF 2020- Between: Kothapalli Sai Vivek, S/o Kurumanaikulu, aged 27 years, Occ Business, R/o Bay Front Jewel, Flat No. G-2, Yendada, Visakhapatnam City. ...Petitioner/Accused __ AND The State of Andhra Pradesh, through P.S. Jalumuru, Srikakulam District, represented by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant -- Petition under Section 438 of Code of Criminal Procedure 1973, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to grant Anticipatory Bail directing the respondent police herein to enlarge him in the event of his arrest in Cr.No. 228 of 2020 of P.S. Julumuru, Srikakulam on such terms and conditions as may be imposed by this Hon'ble Court. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri B Nalin Kumar, Advocate for the Petitioner and of Public Prosecutor for the Respondent and the Court made the following. ~~ ORDER:
THE HON'BLE SRI JU STICE K. SURESH REDDY CRIMINAL PETITION No.5753 OF 2020 ORDER:
This is a petition for anticipatory bail under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C')) on behalf of the petitioner in Crime No.221 of 2020 of Jalumuru Police Station, Srikakulam District, registered for the offences punishable under Sections 407, 409, 420 IPC, Section 66(C) of the Information Technology Act, Sections Q(B), 16(c) of the A.P. Mines and Mineral Concession Rules and under Section 3(1) of the Prevention of Damage to Public Property Act.
2. On a report given by District Sand Officer, Srikakulam, stating that between 11.08.2020 and 21.08.2020 about 49 loads of sand weighing about 1.4 tons dispatched from Paralam stock yard, Srikakulam District, to transport to Mudasalova Depot in Visakhapatnam District. It is stated by the de facto complainant that all the vehicles have been connected to GPRS and the technical sources of GPRS show that the vehicles have not reached the Visakhapatnam port. But software maintained by APMDC SSMS discloses that they received the stock. He further states in his report that the accused with the connivance of the staff at Visakhapatnam stock yard made entries which show receipt of sand, as such all of them committed criminal breach of trust. During the course of investigation, prosecution recorded the statement from one Banka Srinu, who is the owner of certain lorries. According to his statement, the petitioner engaged him to "Sim eit transport the sand for certain amount. Accordingly, the said Banka Srinu transported the sand. Except the said confession statement of Banka Srinu, there is nothing to connect the petitioner with the alleged offence and he is a dental doctor by profession and he has nothing to do with the transport of sand.
3. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
4. Learned Additional Public Prosecutor opposed the application Stating that the case is under investigation and they have to gather some more material. It is further submitted by the learned Additional Public Prosecutor that the mobile phones of the petitioner were also seized.
5. Be that as it may. Now the investigation is in progress. Though the F.I.R is registered on 31.08.2020, till now the petitioner is at large. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
6. In the result, the criminal petition is allowed. The petitioner is directed to surrender before the Station House Officer of Jalumuru Police Station, Srikakulam District, on or before 31.12.2020. On such surrender, the Station House Officer of Jalumuru Police Station, Srikakulam District, is directed to release him on bail on furnishing a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum each to the satisfaction of the Station House Officer of Jalumuru Police Station, Srikakulam District. After release, the petitioner is directed to report before the Station House Officer of Jalumuru Police Station, Srikakulam District, on every day between 10 A.M., to 1 P.M., for a period of one week. The petitioner is directed to cooperate with the investigation enabling the police to complete the investigation expeditiously.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
Lone Sd/-M.RameshBabu .
ASSISTANT REGISTRAR _| ee IITRUE COPY!! \ For ASSISTANT REGISTRAR m4. The Station House Officer, Jalumuru Police Station, Srikakulam District, --
2. One CC to Sri, B Nalin Kumar, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of AP [OUT] ~~
4. One spare COPY.
MSB "
HIGH COURT KSR,J DATED:23/12/2020 ORDER CRLP.No.5753 of 2020 DIRECTION