Andhra Pradesh High Court - Amravati
Criminal Procedure vs Unknown on 28 October, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.5793 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner on bail in the event of his arrest.
2. The Station House Officer, Ramabhadrapuram Police Station registered a case in Crime No.38 of 2020 under sections 420, 408, 409, 120-B of Indian Penal Code, 1860 [for short IPC] and the petitioner has not been arrayed as accused in the above said crime, but his name was mentioned in the complaint copy.
3. The case of the prosecution is that the defacto complainant is working as General Manager of Nandi Cotton Ginning Mill Private Ltd., having three directors viz., N.Chinnagounder, P.Nallathambi and Kolla Sudhakar. As per the company resolutions, the Managing Director is having all powers in respect of company affairs and power to appoint and authorize any person with powers to act on behalf of the company. During the course of the textile business the company has ventured into Cotton Ginning and Pressing in the name of M/s. Nandi Cotton Ginning Mill Pvt. Ltd., during 2014, the company is located at Ramabhadrapuram Mandal and appointed one Kolla Sudhakar as one of the Directors based on his trustworthiness. However, during the course of business, the company has noticed non- 2 realization of payments through sale of cotton and cotton seeds in domestic market which had created suspiciousness and it made the company further analyze in-depth the accounts in purchase and sale. During reconciliation, the audit company found huge amount of funds were taken out of company by said Kolla Sudhakar for his personal use. It is further alleged that the said Kolla Sudhakar siphoned of Rs.4.01 Crores and cheated the Company. Accordingly, on 23.05.2019 he handed over written statement about the wrong practicing detail and assured to repay the said amount to the company without any default within 30 days. However, he failed to fulfill his promise. Therefore, the present crime is registered against the said Kolla Sudhakar.
4. There are no allegations against this petitioner in the complaint given by the defacto-complainant, however, the statement given by the said Kolla Sudhkar discloses that he collected money from the buyers in cash, which was not deposited in the Company accounts from 2016 to 2019, misappropriated the company funds and purchased properties with that money in his favour and also his family members. The petitioner, being the father-in-law of the accused/Kolla Sudkhar apprehending the arrest in the present crime.
5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 3
6. The petitioner moved Criminal Petition No.96 of 2021 for anticipatory bail before the II Additional District and Sessions Judge, Parvathipuram, Vizianagaram District and the same was dismissed on 04.10.2021.
7. Learned counsel for the petitioner submitted that there are no specific allegations against the petitioner in relation to the element of cheating or misappropriation of funds of the Company of defacto complainant and the complaint would disclose that all the allegations against Kolla Sudhakar, who was the director of the company as well as the prime accused in the instant alleged crime. He further contend that mere registration of their immovable properties in the name of the petitioner do not constitute any criminal liability, as the petitioner is neither Director nor Agent to the defacto complainant's company. The petitioner is a farmer and he had landed property in Tanniruvaripalem village and permanent resident of Tanniruvaripalem village, Prakasam District. He further submits that the petitioner is the senior citizen and has been suffering from old age ailments and he never involved in any criminal offences in any manner, thereby prayed that petitioners' case may be considered for grant of bail.
8. Further contention of the petitioner' counsel is that except in the remand report, there are no specific allegations against the petitioner in the complaint, there are certain confessions made by 4 A1. In the statement of A1/Kolla Sudkhar, stated that he purchased agricultural lands in an extent of Ac.25-00 from Nerella Amarnadh of Vizianagaram for an amount of Rs.2 crores, registered the land in his favour for an extent of 4 ½ acres, in the name of his father in law/Chimta Hari Babu, who is the petitioner herein about 4 ½ acres, and in the name of his wife Kolla Sowjanya in an extent of 5 ½ acres, in the name of his mother-in- law, Chimata Padmavathi for an extent of 4½ acres and an extent of 4 ½ acres in the name of his sister-in-law, Bodempudi Ragini and also registered in the name of his comrade Bodempudi Suresh Babu for an extent of 2 ½ acres. Based on the said statement, now the petitioner is apprehending that he would be arrested in the said crime.
9. Learned counsel brought to the notice of this Court that in fact the revenue records clearly indicates that the land in different survey numbers, an extent of Ac.4.44 cents were in the name of one Chimata Hari Babu and the said land is recorded as ancestral property and the 1-B record downloaded from the on-line, on 08.10.2021 shows that the said land was in the name of the petitioner/Chimata Hari Babu, the same was got through inheritance. Further submitted that in fact there are disputes between her daughter and the accused, his daughter deserted the accused and living separately residing in Orissa state. 5
10. Apart from the above, the accused/Kolla Sudhakar was released on bail on 28.09.2021. In view of the said circumstances, requested to consider the bail of the petitioner and submitted that the petitioner will cooperate with the investigation, whenever he is required.
11. Learned Assistant Public Prosecution appearing on behalf of the State has submitted that the accused has siphoned the large amount of money. According to the statement given by the accused clearly establishes that he misappropriated the money and purchased the properties in the name of the relatives and also purchased the land in the name of the petitioner and he has also gave an amount of Rs.20,00,000/- to the present petitioner, in view of the same, the petitioner is required for custodial interrogation, requested to dismiss the anticipatory bail.
12. Learned counsel for the petitioner further submitted that out of the alleged offences except under section 409 IPC, the punishment for the other offences is below seven years and section 409 IPC is also not applicable to the petitioner.
13. Considering the submissions made by both the counsel, on perusal of the record, it clearly established that though the statement made by the accused, saying that he purchased the land in favour of the petitioner with the amounts varying from the Company funds, said property is in the name of the petitioner and the same was obtained through inheritance.
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14. Fact remains that bail was granted to the prime accused, even there are specific allegations made by the defacto complainant. Therefore, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
15. Accordingly, this Criminal Petition is allowed. The petitioner shall be released on bail in the event of their arrest in connection with Crime No.38 of 2020 on the file of Ramabhadrapuram Police Station, on condition of executing self bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Ramabhadrapuram Police Station, Vizianagaram District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
______________________ JUSTICE D.RAMESH Date: 28.10.2021 Pnr 7 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.5793 of 2021 28.10.2021 Pnr