Andhra Pradesh High Court - Amravati
Toyaka Koteswara Rao vs The State Of Andhra Pradesh on 11 April, 2023
lN THE HIGH COURT OF ANDHRA PRADESH AT AM
TUESDAY ,THE ELEVENTH DAY OF APRIL
TWO THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDD
CRIMINAL PETITION NO: 2512 OF 2O23 ;
Betwee n :
Toyaka Koteswara Rao, Bank Employee, S/o. Narsimhulu, aged about 58 years,
R/o. Gumma Laxmipuram, Parvathipuram Manyam Dist, AP.
Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of
Andhra Pradesh, Amaravathi, Through PS Kurupam, Parvathipuram Manyam,
AP.
2. Suresh Vayunandan Reddy, S/o.Anavema Reddy, Senior Manager, AP
Grameena Vikas Bank, Regional Office, Parwathipuram, Vizianagaram Dist.
Respondents
Petition under Section 438of Cr.P.C, praying that in the circumstances stated
in the memorandum of grounds filed in support of the Criminal Petition, the High
Court may be pleased to grant anticipatory bail to the Petitioner/Accused in Cr.No.
46/2023, dt.04-03-2023 of Kurupam PS, Parvathipuram Manyam, Vizianagaram
Dist, on such terms and conditions laid down in See. 438 of Cr.P.C and directing the
SHO, Kurupam PS to release the Petitioner/A-1 in the event of his arrest by the
Police, in the interests of Justice. Else, the Petitioner/A-1 will ,be put to serious;jnd
irreparable loss
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
Sri S M SUBHAN Advocate for the Petitioner and of Public Prosecutor for
Respondent No.1, the Court made the following.
ORDER
+ S HON'BLE SRI JUSTICE K. SREENIVASA REDDY qi_plinal Petition No.2512 of 202_3 Order:
This Criminal Petition, under Section 438 Cr.P.C,, has been filed by the pet'ltioner/A-1, seeking anticiPatOry bail, in connection with crime No.46 of 2023 of Kurupam Police Station, Parvathipuram Manyam district.
2. A case has been registered against the Petitioner herein and another for the offences punishable under Sections 409, 420 read with 34 IPC.
3. Case of the prosecution, in br'lef, iS that, Al and A2, who are working as Branch Manager and Field Officer at Kurupam APGVB Branch, dur'lng the tenure from 07.04.2021 to 02.07.2021, transferred the amounts from the deceased saving bank customer accounts, which are in inoperative status, through NEFT transactions without the knowledge of their legal heirs, thereby committed fraud and m-lsappropriated the amounts.
4. Heard. Perused the record.
5, A perusal of the material On record goes tO Show that the petitioner herein did not act diligently while endorsing on the vouchers submitted by the Bank clerk and the amounts were transferred to other accounts inadvertently. The persons who EEE + received the said amounts have returned back the amounts to the Bank on the ground that the amounts have been transferred to their accounts by mistake.
6. In view of the aforesaid facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner herein On the following conditions.
7. In the event of arrest of the petitioner herein in the aforesaI'd crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting officer. petitioner sha" cooperate wI'th the investl'gation and he shall make himself available for ,-nterrogation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted wl'th the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. petitioner sha" appear before the station House Officer concerned once in a week i.e., on every sunday between 10.00 AM and 5.00 PM till fI'll-ng Of the Charge sheet.
8. The Criminal petition is, accordingly, allowed.
Sd/-U. SRI DEVI
ASSISTANT R G ISTRAR
e\` //TRUE COPY//
SECTION OFFICER
Fo
To,
1, The StatI'On House Officer, ps Kurupam, parvathipuram Manyam,
Vizl'anagaram, AP.
€£f.
2. -u'FOl'
Suresh Y(+Jul,`^,.__..
Vayunandan Reddy,
. ._____,,S/o.Anavema
- Reddy, Senior Manager,
__._ILL:_.._I_- AP
\/:-:-r`anaram
Grameena Vikas Bank, Reg'lonal Office, Parwathipuram, Vizianagaram ._\ \ Dist. (by RPAD) co¢LO one cc to sRl. S M SUBHAN Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] One spare COPY.
i-/ T+ RE t HIGH COURT SRKJ DATED: ll/O4/2023 BAIL ORDER CRLP.No.2512 of 2023 ALLOWED