Andhra Pradesh High Court - Amravati
Kollu Dhana Lakshmi K.Dhana Lakshmi vs The State Of Andhra Pradesh on 17 December, 2020
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSAY, THE SEVENTEENTH DAY OF DECEMBER, ORES
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CRIMINAL PETITION NO: 5721 OF 2020 nn
Between:
Kollu Dhana lakshmi @ K.Dhana Lakshmi, W/o. Late.Varikuri Manasaruparayulu,
Age 54 years, Occ Pharmacist (Now under suspension), 0/0. DIMS, ESI,
Vijayawada, AP, R/o. Lotus Land mark, Satyanarayanapuram, Vijayawada, Andhra
Pradesh
Petitioner/Accused
AND
The State of Andhra Pradesh, Rep by Deputy Superintendent of Police, Anti Corruption
Bureau, C.1.U., Vijayawada, A.P. Through Special Public Prosecutor (ACB), For ACB,
C.I.U, Vijayawada, High Court of A.P.
Respondent/Complainant
Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memo of grounds filed herein, the High Court may be pleased to enlarge
the petitioner/Accused No.3 on bail in FIR.No. 03/RCO-CIU-ACB/2020, on the file of
Anti Corruption Bureau, C.!.U, A.P, Vijayawada.
The petition coming on for hearing, upon perusing the Petition and memorandum
of grounds filed herein and upon hearing the arguments of Smt. Devineni Radha Rani,
Advocate for the Petitioner, and Sri S M Subhani (SC FOR ACB AND SPL PP) for
Respondent, the Court made the following
ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.5721 of 2020 ORDER:-
This petition is filed under Section 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant bail to the petitioner/A-3 in connection with Crime No.03/RCO-CIU-AC/2020 on the file of Anti Corruption Bureau, CIU, A.P, Vijayawada for the offences punishable under Sections 13(1)(c)& (d) r/w 13(2) of Prevention of Corruption Act, 1988, Sections 7, 8, 9, 13 (1) (a) r/w Section 13(2) of Prevention of Corruption (Amendment) Act, 2018 and Sections 408, 409, 417, 418, 420, 468, 471, 120-B r/w 34 of the Indian Penal Code, 1860
2. Heard Sri Vinodh Kumar Deshpande for Smt. Devineni Radha Rani, learned counsel for the petitioner/A-3 and the learned Special Public Prosecutor for the respondent-State.
3. A written complaint was addressed to the Director General, ACB, AP, Vijayawada by the Director (FAC), Insurance Medical Services (IMS), stating that Government of India enacted the Employees State Insurance Act, (ESI), 1948 provide health care Services to state employees under ESI scheme. It has come to the notice of the Government that the Directors and staff of IMS, AP, Vijayawada during the period of 2014-19 procured drugs and medicines, medical equipments, surgical equipments, laboratory kits, furniture, biometric machines etc., purchased at. higher rates by violating the established procedure wherein 17 persons are involved in the said crime. The allegation against the petitioner herein is she worked as Pharmacist during 2016-2019, got registered a firm under 2 the style and name of M /s Jercon Enterprises in the name of her daughter-in-law and issued purchase order to that firm for supply of medicines and surgical items worth Rs.8 crores by making fabricated quotations on blank letter heads which were obtained from various firms. Then the son of the petitioner fabricated and submitted quotations of other firms as informed by DIMS staff whereas the directors issued purchase order to the firms of their choice basing on these fabricated quotations and using those fabricated quotations as genuine documents and thus showed undue favour to those firms. Huge quantity of drugs was purchased in this manner without indents and thereby huge wasteful expenditure was caused to the government. On these allegations, the petitioner arrayed as accused No.3. She surrendered before the Court below on 27.10.2020 and remanded to judicial custody on the same day.
4. Learned Senior Counsel for the petitioner submits that on 27.10.2020 the petitioner herself surrendered before the Court below and she was remanded to judicial custody on the same day. The police filed an application seeking police custody and the same was allowed and police custody was granted for a period of three days from 06.11.2020 to 08.11.2020. Learned Senior Counsel submits that all the other accused in this case were already granted bail and even the son of the petitioner was also granted bail by the Court below. As the entire investigation is completed, petitioner may be enlarged on regular bail.
5. Sri S.M.Subhani, learned Special Public Prosecutor submits that the investigation in this case is still pending since some more 4 3 documents have to be obtained as such at this stage, she is not entitled for bail.
6. The petitioner who is aged about 54 years is languishing in jail from 27.10.2020 and even A-5, A-14, A-15 were enlarged on regular bail and A-9 was enlarged on anticipatory bail by this Court. Taking into consideration the fact that some of the accused are already enlarged on bail and further as the petitioner is languishing in jail from 27.10.2020, this Court deems it appropriate to grant pre arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/ A-3 shall be enlarged on bail in connection with Crime No.03/RCO- CIU-AC/2020 on the file of Anti Corruption Bureau, CIU, AP, Vijayawada, on execution of self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the Special Judge for SPE & ACB Cases, Vijayawada. The petitioner shall appear before the concerned police once in a week i.e. on Saturday between 10.00 AM and 1.00 PM till filing of charge sheet.
Consequently, miscellaneous applications pending, if any, shall stand closed.
SD/- P.VENKATA RAMANA , DEPUTY REGIST AR JITRUE COPY!/ | LX For ASSISTANT EGISTRAR To,
4. The Special Judge for SPE & ACB Cases, Vijayawada, Krishna District
2. The Superintendent, District Jail, Vijayawada, Krishna District 3, The Deputy Superintendent of Police, Anti Corruption Bureau, C.1.U., Vijayawada, A.P. A. one CC to Sri S.M. Subhani, Special Public Prosecutor for ACB, High Court of / A.P. at Amaravati (OUT)
- One CC to Smt Devineni Radha Rani Advocate [OPUC] 5
6. One Spare copy Skm HIGH COURT DATED:17/ dno20 ORDER crip nosraubt 2020 DIRECTION