Andhra Pradesh High Court - Amravati
Panthula Shankar vs The State Of Andhra Pradesh on 7 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI : PRESENT : THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRL.P.No. 5718 of 2020 ae Between:- | "SS" Panthula Shankar, S/o. Late Nagaraja, Occ : Deputy Superintendent o Police, 3" Battalion, Kakinada, East Godavari District, Andhra Paresh. wees Petitioner/Accused Officer. AND The State of Andhra Pradesh, Rep. by ACB, High Court of Judicature At Amaravati. seeee Respondent/Complainant. Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioner on bail in Crl.No.06/RCA-TCT/2020 of ACB, Tirupathi Range, Tirupati. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri M. Achutha Reddy, Advocate for the Petitioners and of Sri S.M. Subhani, Special Public Prosecutor for ACB on behalf of respondent/State, the Court made the following ORDER :
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HONOURABLE SMT. JUCTICE LALITHA KANNEGANTI Criminal Petition No.5718 of 2020 ORDER:
This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking regular bail to the petitioner/ accused in connection with Crime No.06/RCA-TCT-2020 of ACB, Tirupathi Range, Tirupathi, registered for the offence punishable under Section 13 (2) read with 113 (1) (B) of the Prevention of Corruption Act, 1988 (Amendment Act 16 of 2018).
2. The case of the prosecution is that the petitioner /accused joined in the Police Department in the year 1989 as Sub- Inspector of Police and posted as Deputy Superintendent of Police. The check period is from the date of purchase of first property from 11.05.2001 till the date of search on 09.11.2020. The petitioner had indulged in corrupt and dubious practices and acquired many assets in his name and in the name of his family members. The petitioner, by abusing his official position, acquired several assets and he is in possession of disproportionate 'assets to his known sources of income to a tune of Rs.2,68,69,406/-. Basing on the same, the present crime is registered. The petitioner was arrested on 10.11.2020 and remanded to judicial custody.
3. Heard Sri M. Achutha Reddy, learned counsel for the petitioner and Sri S.M. Subhani, learned Standing Counsel for Anti Corruption Bureau.
2 LK, J CRLP.No.5718 of 2020
4. Learned counsel for the petitioner submits that the petitioner is in jail from 10.11.2020. He further submits that all the documents, which are in possession of the petitioner, were already in the custody of the respondent-police and hence, his case may be considered to enlarge him on bail.
5. Learned Standing Counsel for ACB states that the investigation is yet to be completed and at this stage, if the petitioner is enlarged on bail, he may tamper with the evidence and may influence the prosecution witnesses and that he may not be enlarged on bail.
6. On 17.12.2020, when the matter came up for hearing, Sri S.M. Subhani, learned standing counsel for ACB, on instructions, submitted that the investigation is still in progress and accordingly, the matter was directed to be listed on 07.01.2021. Even today also, when the matter came up for hearing, learned standing counsel again states, that the investigation is still in progress. In view of the fact that voluminous documents, which are available with the petitioner, were already in the custody of the ACB officials and as the petitioner is languishing in jail from 10.11.2020 and taking into consideration the health condition of the petitioner, this court deems it appropriate to grant bail to the petitioner.
6. Accordingly, the Criminal Petition is allowed. The petitioner/accused shall be enlarged on bail on his executing personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each to the satisfaction of the Special ", i 3 LK, J CRLP.No.5718 of 2020 Judge, SPE/ACB Cases, Nellore. The petitioner shall cooperate with the investigation and he shall appear before the Inspector of Police, Anti-Corruption Bureau, Tirupathi Range, Tirupathi once in a week till the investigation is completed. The petitioner is directed not to interfere with the investigation process. If the petitioner fails to cooperate with the investigation, they are at liberty to move an application seeking cancellation of bail granted to the petitioner.
Sd/-K.TataRao ASSISTANT REG! TRAR SECTION OFFICER for ASSISTANT REGISTRAR // TRUE COPY// To
1. The Special Judge for Trial of SPE and ACB Cases, Nellore.
2.The Inspector of Police, Anti-Corruption Bureau, Tirupati Range, Tirupati, Chitoor District.
3. The Superintendent, Central Jail, Nellore, SPSR Nellore District.
4.Two CCs Sri S.M. Subhani, Special Public Prosecutor for ACB Cases, High Court of A.P., at Amaravati(OUT)
5.One CC to Sri M. Achutha Reddy, Advocate(OPUC)
6.One spare copy.
TKK HIGH COURT LK.J DT.07-01-2020.
BAIL ORDER CRL.P.No. 5718 of 2020 RELEASE THE PETITIONER ON BAIL
- 8 JAN 2021