Andhra Pradesh High Court - Amravati
Velugu Krishna Kumar vs The State Of Andhra Pradesh on 20 August, 2020
[ 3240 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTIETH DAY OF AUGUST, J, TWO THOUSAND AND TWENTY v fey :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 1468 OF 2020 - " Between: Velugu Krishna Kumar, S/o Ankaiah, aged about 46 years, Occ Senior Manager, Bank of Baroda (Dena Bank), Nampalli Branch, Hyderabad. Petitioner/A-5 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, through SHO/I.O. CB CID Rajamundry East Godavari District. . Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to enlarge the petitioner/accused No. 5 on bail in the event of his arrest by the respondent SHO/I.O. CBCID Rajahmundry East Godavari District, in crime No 28/2017. The petition coming on for hearing, upon perusing the Petition and memo of grounds filed herein and upon hearing the arguments of Sri K Rathanga Pani Reddy, Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made the following ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1468 of 2020 ORDER:
This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail to the petitioner / A-5 in the event of his arrest in connection with Crime No.28 of 2017 on the file of Prathipadu Police Station, East Godavari District, now transferred to CB CID, Rajamahendravaram, registered for the offences punishable under Sections 406, 407, 420 r/w 34 IPC.
2. The case of the prosecution is that on 04.02.2017 the Branch Manager, Dena Bank, Kakinada has lodged complaint against the petitioner and 110 others alleging that one K.V.S.Prasad (A-1), who is the owner of Saibhagya Agro Storage situated in Dharmavaram village executed a tripartite agreement for all 111 borrowers/farmers for the said loans in favour of the Bank, thereby guaranteeing repayment as such the individual borrowers availed loans. It is also averred that loans to the 111 borrowers/farmers have been sanctioned in between January, 2015 and June, 2016. Later during demonetization period, the officers of the Bank could not make physical verification of stock and in spite of repeated requests made by the complainant bank, said K.V.S.Prasad is not available and finally they visited the cold storage and found that there is no stock. Basing on the said complaint, police registered the crime.
3. Heard Sri K.Rathanga Pani Reddy, learned counsel for the petitioner and Special Public Prosecutor for CID for respondent.
4. Learned counsel for the petitioner would submit that the all the allegations are pertaining to the sanction of loans for the year "Wey, Se 2016-17, whereas the petitioner worked as Branch Manager in the said bank between 14.08.2013 and 10.04.2014. Learned counsel has filed documents to show that during the tenure of petitioner as Branch Manager, he sanctioned 34 loans and all of them were repaid and closed in the year 2015 itself. Though the petitioner has not committed any irregularities, he has been arrayed as accused.
5. Per contra, learned Special Public Prosecutor for CID would submit that earlier during the tenure of petitioner, he issued loans to the persons, who are not agriculturists. According to him, the petitioner has laid road and that was being followed by his successor i.e. A-6 in this crime. Learned Special Public Prosecutor has also not denied the fact that all loans issued by the petitioner are paid.
6. Taking into consideration the fact that the petitioner has worked between 14.08.2013 and 10.04.2014 and all the loans sanctioned during his tenure were repaid and closed, this Court feels that this is a fit case for granting bail.
7. In the result, the criminal petition is allowed and the petitioner / A-5 shall be released on bail in the event of his arrest in connection with Crime No.28 of 2017 on the file of Prathipadu Police Station, East Godavari District, now transferred to CB CID, Rajamahendravaram, on his executing a bond for a sum of Rs.25,000/- with 2 sureties each for a likesum to the satisfaction of Station House Officer, CB CID, Rajamahendravaram. The petitioner shall appear before the Station House Officer, CB CID, Rajamahendravaram on 5' day of every succeeding month ey \ to,
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5. \ skm g also directed that he shall present before the investigating offi icer, wh i enever his presence is required closed.
SD/- V. SAVITH RAMMA ASSISTANT REGISTRAR eww WE Ee . -- ww wee o ITRUE COPY! Hl) For ASSISTANT REGISTRAR The Station House Officer/Investigating Officer, CB CID Rajamundry, East Godavari District.
The Station House Offi One CC to Sri. K Rathanga Two CCs to Public Prosecutor, cer, Prathipadu Police Station, East Godavari District Pani Reddy, Advocate [OPUC] High Court of A.P., at Amaravati (OUT) One spare copy HIGH COURT LK,J DATED:20/08/2020 ORDER CRLP.No.1468 of 2020 DIRECTION