Andhra Pradesh High Court - Amravati
Maddukuri Koteswara Rao vs Pradesh At Amaravati on 5 January, 2022
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 7589 OF 2021 Between: 1. Maddukuri Koteswara Rao, S/o.Venkata Subbaiah, Aged about 69 years, R/o.D.No.6-142/A, Yagnasaalapeta, Karamchedu village and Mandal, Prakasam District. Yo 2. Jagarlamudi Sandeep Kumar, S/o. llamma Jagarlamudi, Aged about 40 years, R/o.D.No.13-64, Godamula Bazaar, Karamchedu village, Karamchedu Mandal, Prakasany Distt ...Petitioners/Accused Nos.6 to 10 AND State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...Respondent Petition filed under Section 438 of 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 them by directing the police to release them on bail in the event of their arrest in connection with in FIR in Crime No.77 of 2018 on the file of Karamchedu Police Station, Karamchedu Village and Mandal, Prakasam mee interests of justice. The petition coming on for hearing, upon perusing the Criminal Petition . and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Naga Praveen Vankayalapati, Advocate for the Petitioners, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER VA ne, ca " THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7589 of 2021 ORDER:
This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioners/A-6 and A-10 in the event of theirarrest in connection with Crime No.77 of 2018 of Karamchedu Police Station, Karamchedu Village and Mandal, Prakasam District, wherein the petitioners are alleged to have committed the offences punishable under Sections 477, 477-A, 406, 420 r/w 34 of the Indian Penal Code, 1860 (for short IPC).
2. Heard learned counsel for petitioners and learned Assistant Public Prosecutor for respondent-State.
3. Learned counsel for the petitioners submits that petitioners are innocent and they did not commit the alleged offences. He submits that police had no jurisdiction to investigate the case against the petitioners since they were disqualified as Directors of society and in view of the said disqualification as per Section 21(AA) of Cooperative Societies Act. He further submits that the petitioners are not shown as accused in the complaint given by Yarlagadda Akkaiah.
4. Learned Assistant Public Prosecutor submits that the petitioners conducted meeting and appointed CEO though certain irregularities were found in the conduct of the meeting. Hence, he opposed the bail.
5. Having regard to the facts and submissions, this Court is prima facie satisfied that the apprehension of the petitioner of an imminent arrest by the police is well founded and appears to be based on a reasonable belief.
7. In the result, the criminal petition is allowed and the petitioners/A-6 and A-10 Shall be enlarged on bail in the event of their arrest in connection with Crime No.77 of 2018 of Karamchedu Police Station, Karamchedu Village and Mandal, Prakasam District, on their executing self bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the Satisfaction of the Station House Officer, Karamchedu Village and Mandal, Prakasam District.
AS a sequel, all the pending miscellaneous applications shall stand closed.
tA Sd/-P.Vinod Kumar | ASSISTANT REGISTRAR TRUE COPyY// SECT} SFFICER For ASdIornn. . | .
To,
1. The Additional Judicial Magistrate of First Class, Parchur, Prakasam District.
2. The Station House Officer, Karamchedu Police Station, Karamchedu Village and Mandal, Prakasam District. One CC to SRI. Naga Praveen Vankayalapati, Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] One spare copy Bw on VD HIGH COURT DRJ _ DATED:05/01/2022 ORDER CRLP.No.7589 of 2021 ALLOWED * * fe QACenge NF :