Andhra Pradesh High Court - Amravati
China Kapavaram Village vs The State Of Andhra Pradesh on 11 February, 2022
Author: D Ramesh
Bench: D Ramesh
[ 3208 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 311 OF 2022 Between: _ Vaddi Rajya Lakshmi, W/o. Vaddi Venkata Satyanarayana, occ. Village Organizer. - China Kapavaram Village, Akividu Mandal, West Godavari District ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi Through Akividu Police Station. seeeee Respondent Petition under Section 438 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 herein on bail in the event of her arrest in connection with Crime no. 256 of 2020 dated 08-12-2020 on the file of the Akividu Police Station, West Godavari District. The petition coming on for hearing, upon perusing the Petition and memo of grounds filed herein, and upon hearing the arguments of Sri Ram Babu Devavarapu Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made the following ORDER:
"This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A1 in the event of her arrest in connection with Crime No. 256 of 2020 of Akividu Police Station, West Godavari District, registered for the offences punishable under Sections 409, 406, 420 and 403 read with Section 334 of the Indian Penal Code, 1860.
2. The case of prosecution is that on a report lodged by the Assistant Project Manager, IKP, DRDA, Akividu, West Godavari District, wherein it is alleged that an amount to a tune of Rs.25,21,783/- was misappropriated by the accused during the period 2014 to 2016 and 2017 to 2020, Police registered the present crime against the petitioner and other accused.
3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she is no way concerned with the alleged offence. He submits that the present case is foisted only to harass the petitioner due to political rivairy. He submits that the complaint does not disclose any commission of offence by the petitioner.
7 _ He submits that Section 409 of IPC is not attracted against the petitioner as she is not entrusted with any property in her capacity as public servant and there is no evidence to show that the petitioner has dishonestly misappropriated the amount for her own use. He submits that this Court has already granted bail to A2 and A3, as such the petitioner's case for grant of prearrest bail may be considered.
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5. Learned Assistant Public Prosecutor submits that huge amount is involved in this crime and investigation is pending, as such petitioner is not entitled for pre- arrest bail.
6. Taking into consideration the facts of the case and the fact that this Court has already granted bail to A2 and A3, this Court deems it appropriate to grant pre- arrest bail to the petitioner on the same conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A1 shall be released on bail in the event of her arrest in connection with Crime No. 256 of 2020 of Akividu Police Station, West Godavari District on condition of executing self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Akividu Police Station, West Godavari District.
Consequently, miscellaneous applications pending, if any, shall stand closed."
Sd/- B.Chitti Joséph ASSISTANT REGISTRAR ITTRUE COPY// ft) For ASSISTANT REGISTRAR To,
1. The Il Addl. Judicial Magistrate of First Class, Bhimavaram, West Godavari District The Station House Officer, Akividu Police Station, West Godavari District. One CC to Sri. Ram Babu Devavarapu Advocate [OPUC] Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT) One spare copy akon Skm Note: Amended the name of the husband of petitioner as "Vaddi Venkata Satya Narayana" instead of "Srinivas" in the bail Order dt:04/2/2022 in CriP.No.311/2022, as per the Court Order dt: 11/2/2022 in IA.No.01/2022 in Crip.No.311/2022.
Substitute this Amended Order dt:04/2/2022 in the place of earlier Order dt:11/2/2022, which was dispatched on 09/02/2022.
Sd/- B.Chitti Joseph ASSISTANT REGISTRAR
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HIGH COURT DRJ DATED:04/02/2022 11/02/2022 AMENDED ORDER CRLP.No.311 of 2022 DIRECTION oO AY | A brs rive