Andhra Pradesh High Court - Amravati
Nagularam Ramya Teja vs The State Of Andhra Pradesh on 11 December, 2020
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5578 OF 2020
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.360 of 2020 of the Station House Officer, Pedakakani Police Station, Guntur District, registered for the offence under Sections 420, 406, 465, 468, 471, 477-A read with 34 of IPC.
2. The case of the prosecution is that on 06.07.2020 at 7.00 P.M., a complaint was lodged by M/s Syngenta India Limited, which is a Pesticides Manufacturing company. The husband of the petitioner , A.1 was working as a Manager of the company from more than two decades and he was entrusted with the duties of keeping good account, maintaining stock on records and maintaining the office. When the husband of the petitioner was not attending the duty since 22nd June 2020 and on 23rd June 2020 the defacto complainant came to know that he was arrested by police as he was involved in illegal and spurious activities. Later he came to know that the petitioner was involved in duplicating syngenta products thereby causing wrongful loss and a crime was registered as Crime No.415 of 2020 dated 20.06.2020 for the offence punishable under Section 420 IPC and Section 63 of Copy Right Act 1957 and after coming to know about the same, the defacto complainant started verifying the major products of the company stocks and identified huge deficit of company stocks worth Rs.22,58,90,308.69ps. and on enquiry they also came to 2 know that the petitioner herein who is wife of A.1, his brother and their associates conspired together and committed theft and misappropriation of company stocks, shifted company stocks from their premises and stocked them at different illegal and unauthorized warehouses and sold them to various customers. It is also learnt that chain of shops named under Hemadri Pesticides & Fertilizer located at different locations and some other firms registered in the name of A family and associates. Basing on that, the complaint is registered.
3. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State.
4. Learned counsel for the petitioner submits that all the allegations even as per the case of the complainant the petitioner's husband, who is A.1 is an employee in the defacto complainant's company and the petitioner has nothing to do with the affairs. Only omnibus allegations are made against the petitioner herein. He further submits that the petitioner being a lady who is not connected with any of the affairs is implicated in the case. Hence, her case may be considered for grant of bail. He further submits that all the other accused were arrested and were enlarged on bail. He submits that A.1 was already enlarged on regular bail and the other accused were also granted Anticipatory bail.
5. Learned Public Prosecutor submits that this is huge misappropriation of crores of rupees of the defacto complainant's company. All the family members of A.1, petitioner and other family members are involved in this kind of illegal activities. As 3 the investigation is still in progress, the petitioner is not entitled for grant of bail.
6. There is no dispute about the fact that as per complaint, there are allegations of huge misappropriation of money. But the prime accused A.1 is already enlarged on bail along with other accused and further there are no specific overt acts against the petitioner. Hence, this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/A.7 shall be enlarged on bail in the event of her arrest in connection with Crime No.360 of 2020 of the Station House Officer, Pedakakani Police Station, Guntur District, on her executing personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties each for a like sum each to the satisfaction of the Station House Officer, Pedakakani Police Station, Guntur Urban, Guntur District.
___________________________ LALITHA KANNEGANTI, J Date : 11.12.2020 Gvl 4 HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.5578 of 2020 Date : 11-12-2020 Gvl