Andhra Pradesh High Court - Amravati
Pitta Maheswararao vs The State Of Andhra Pradesh on 7 December, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI So CRIMINAL PETITION NO: 5414 OF 2020 Between: Pitta Maheswararao, S/o Rambabu, 50 years, Head Constable, T.Narsapuram, R/o. T.Narasapuram, West Godavari District. Petitioner/Accused (A.2) AND The State of Andhra Pradesh, through SHO, T.Narsapuram Police Station, West Godavari, rep. by the Public prosecutor, High Court of AP, Velagapudi, Amaravathi, Guntur District. Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to direct the respondent to enlarge the petitioner on bail in the event of his arrest in connection with Cr. No. 279/2020 on the file of T.Narsapuram Police Station, West Godavari, pending enquiry and trail. 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 Mis.Pillix Law Firm, Advocate for the Petitioner and of Public Prosecutor for the Respondent and the Court made the following. ORDER:
| wt Nace THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.5414 of 2020 ORDER:
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to enlarge the petitioner/accused No.2 on bail in the event of his arrest in connection with Crime No. 279 of 2020 of T.Narsapuram Police Station, West Godavari District, Andhra Pradesh registered for the offences punishable under Sections 403, 409, 379, 201 r/w 120 B of the Indian Penal Code, 1860 (for short 'I.P.C.') and Sections 34(a) and 51(1)(a)(i) of the Andhra Pradesh Excise Act, 1968 (for short 'the Excise Act').
2. Basing on a complaint given by the Circle Inspector of Police, Chintalapudi Circle, West Godavari District stating that on 01.09.2020, he visited T.Narsapuram Police Station and verified the cases registered under the Excise Act, in the years 2019 and 2020 in T.Narasapuram-Police Station and compared with the seized case property. On verification, it was found that the seized case property available in the police station in respect of 3 cases of 2019 and 16 cases of 2020 is not tallying with the case property seized as per C.D. files. It is also alleged in the complaint that accused No.1, who registered the above referred cases and seized the property and the petitioner/accused No.2 - Station Writer/H.C. 276, who is custodian of the property, together conspired and misappropriated 407 liquor bottles of various brands worth about Rs.70,635/-. Basing on the said complaint the present crime is registered.
3. Heard learned counsel for the petitioner/accused No.2 and the learned Public Prosecutor for the respondent-State.
| LK,3 2 Cfl.P.No.5414 of 2020
4. Learned counsel for the petitioner/accused No.2 sul mits that the petitioner/accused No.2 has been discharging his duties as Head Constable to the satisfaction of one and all without any complaint and that he is not responsible for the alleged offences and therefore, he cannot be made liable for the same. He further submits that all the documents are in the custody of the Police and that in CH.P.No.3683 of 2020, this Court has already granted anticipatory bail to accused No.1 and therefore, the petitioner/accused No.2 may also be enlarged on bail.
5. Learned Public Prosecutor submits that the entire investigation in the-case-is completed.
6. Considering the submissions of either side, as all the documents are in the custody of the Police, there is no apprehension of tampering with the evidence or influencing the witnesses. Therefore, this Court deems it appropriate to grant bail to the petitioner/accused No.2.
7. Accordingly, this Criminal Petition is allowed. The petitioner/accused No.2 shall be released on bail in the event of his arrest in connection with Crime No.279 of 2020 of T.Narsapuram Police Station, West Godavari District, Andhra Pradesh on condition of executing self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a likesum each to the satisfaction of the Station House Officer, T.Narsapuram Police Station, T.Narsapuram, West Godavari District, Andhra Pradesh.
As a sequel, miscellaneous applications pending, if any, shall stand closed. : A oe SK, ATARAO ASSISTAWT REGISTRAR ITTRUE COPY// MMB Ce -
For ASSIST REGISTRAR To, . . .
The 1° Additional District and Sessions Judge, Eluru, West Godavari District. The Station House Officer, T.Narsapuram Police Station, West Godavari District. One CC to MIs. Pillix Law Firm, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
ahwNn> HIGH COURT LK,J DATED:07/12/2020 ORDER CRLP.No.5414 of 2020 DIRECTION