Andhra Pradesh High Court - Amravati
Criminal Procedure vs B.N.Kandriga Police Station on 21 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.3607 of 2021
ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-5 in connection with Crime No.56 of 2011 of B.N.Kandriga Police Station, Chittoor District, for the offences punishable under Sections 420, 406 r/w 120(B) of the Indian Penal Code, 1860 (for short 'IPC) and Section 5 of the Andhra Pradesh Protection of Depositors (Financial establishment) Act, 1999.
2. The case of prosecution is that A3 started a trust by name Heavenly Interdenomirial Mission Charitable Trust for Christians by offering the public to join as members by paying certain amount and enroll themselves under various money transmission schemes with false promise of unreasonable and un-practicable returns on their deposits. On coming to know about the scheme, A1 and A2 approached A3 and joined as his agents in the Trust with an oral agreement to receive 20% as commission from their collections. The accused made the depositors to believe that they would get foreign funds and the same will distributed as pension, which is five times to the deposited amount and lured the poor people by giving wide canvass through pastors in the Churches and agents in community meeting. As A2 to A8 failed to return the amounts collected by them are not returned to the members as per the schedule, the matter was published in Andhra Jyothi Daily Newspaper. Basing on the news item Sub-Inspector of Police, Thottambedu Police Station registered a suo-moto case.
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3. Heard Sri Akula Venkateswarlu, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that the petitioner is innocent and he is falsely implicated in the above case. He submits that initially either at the time of registration of crime No.56 of 2011 or in the charge sheet, the petitioner's name was not shown but subsequently he was arrayed as A5 by filing additional charge sheet alleging that he is also one of the members of the Trust. Learned counsel for the petitioner further submits that as on the date of establishment of the Trust, petitioner was a minor aged about 6 years and even as per the supplementary Trust deed dated 02.02.2011 the petitioner is aged 19 years old. He submits that though petitioner is son of A2, he was brought up by his grandparents after the death of petitioner's mother and further petitioner is not maintaining any relations with A2 and A3. He submits that the reason for petitioner's non-appearance is that petitioner was not aware of the case proceedings. Learned counsel for petitioner further submits that petitioner is languishing in jail since four months and as the investigation is completed petitioner's case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor does not dispute the fact that investigation is completed. However, he submits that huge amount is misappropriated in this case and hence, petitioner is not entitled for bail.
6. Taking into consideration that there are no specific allegations against petitioner and initially the name of the petitioner was not shown either in the FIR or in the charge and as petitioner is 3 languishing in jail since last seven years, this Court deems it appropriate to grant bail to petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/ A5 shall be enlarged on bail in connection with Crime No. 56 of 2011 of B.N.Kandriga Police Station, Chittoor District, on his executing self bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each to the satisfaction of Principal District and Sessions Judge, Chittoor District. The sureties are to be verified strictly. On such release, the petitioner shall not leave Nellore District and shall appear before the Station House Officer, B.N.Kandriga Police Station, Chittoor District on every Saturday and Sunday between 10:00 A.M. and 12:00 P.M. till completion of trial. The petitioner shall cooperate with the investigation and in case petitioner fails to comply with the conditions, the prosecution is at liberty to file appropriate application seeking cancellation of bail.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 21.09.2021 ikn 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Allowed) CRIMINAL PETITION No. 3607 of 2021 Date: 21.09.2021 ikn