Andhra Pradesh High Court - Amravati
Smt. D. Latha vs State Of Andhra Pradesh on 19 February, 2021
Qa IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI f é FRIDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 848 OF 2021 Between: Smt. D. Latha, W/o D. Shankaraiah, (A-2) Aged 46 years, Occ: Housewife, R/o D.No.174/2, Puttur Town and Mandal, Chittoor District. _...Petitioner/Accused No.2 AND State of Andhra Pradesh, through S.H.O of Puttur Urban P.S., rep by its Public Prosecutor High Court of A.P., Amaravathi. ...Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 by granting the bail in Cr.No.378/2020 of Puttur Urban Police Station, Chittoor District. 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 B Chandra Shekhar, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER:
Rr THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 848 OF 2021 ORDER:-
This petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular bail to the petitioner/ A-2 in connection with Crime No. 378 of 2020 of Puttur Urban Police Station, Chittoor District, registered for the offences punishable under Sections 406, 417 and 420 r/w 34 of the Indian Penal Code, 1860, Section 5 of Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (for short APPDFE Act) and Section 4 of Prize, Chits and Money Circulations Schemes (Banning) Act, 1978 (for short PC&MCSB Act).
2. The case of prosecution is that a complaint was lodged by the subscribers of chits and it is stated in the complaint that the de facto complainant is acquainted with petitioner and her husband. The husnand of petitioner is working as a Railway employee. The value of chits run by them is ranging from Rs.50,000/- to Rs.1,00,000/- and there will be 20 members in each chit. Each member has to pay Rs.2,500, per month for 20 months and whereas Rs.5,000/- for 20 months for chit worth of Rs.50,000/- and Rs.1,00,000/- respectively. The auction will be conducted in the house of the accused and at that time the husband of the petitioner used to hold auction and the petitioner always used to evade payments to the highest bidders. The petitioner has executed promotes and issued cheques to the chit members stating that they will not evade the payment of money as her husband is a Central Government employee. They used to to spend the chit amount to meet their family expenses and they have misappropriated an amount of Rs.14 lakhs. Earlier a cheque was issued for Rs.17 lakhs and the same is dishonoured as such they filed C.C.No.103 of 2019 against the second petitioner and in that case her husband/first petitioner stood as surety and brought his wife on bail. It is stated that the second petitioner cheated the de facto complainant and several persons of the chit. Basing on the same, the present crime is registered.
3. Heard Sri B.Chandra Sekhar, learned counsel for the petitioner/A-2 and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner/A-2 submits that already in this case A-1 was granted anticipatory bail and the petitioner has voluntarily surrendered before the Court on 18.01.2021, she has been languishing in jail from more than 30 days. He submits that the entire dispute is purely civil in nature and only with an intention to pressurize the petitioner the criminal law is set into motion. He submits that the petitioner being a lady, lenient veiw may be taken.
5. Learned Additional Public Prosecutor submits that the investigation is pending and so far six witnesses were examined and as per his instructions, the de facto complainant and others have paid an amount of Rs.2.00 lakhs to the petitioner.
6. The petitioner is remanded on 18.01.2021, she is in judicial custody from more than 30 days and as nothing has been placed on record to show that if the petitioner is released on bail, there is & PON> <= w WNO any apprehension of hampering with the investigation process, as such, this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A-2 shall be released on bail on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Court of the learned Judicial First Class Magistrate, Puttur, Chittoor District. Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-K.TataRao ASSISTANT REGISTRAR lar [TRUE COPY// The Principal Sessions Judge, Chittoor. The Judicial First Class Magistrate Court, Puttur, Chittoor District. The Superintendent, District Jail, Chittoor District. The Station House Officer, Putturn Urban Police Station, Chittoor District. One CC to Sri. B Chandra Shekhar, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
SECTION OFFICER HIGH COURT LK,J DATED:19/02/2021 ORDER CRLP.No.848 of 2021 DIRECTION 29 FEB 2021