The High Court · 2025
Case Details
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail in the event of his arrest in Crime No. 16/ACB/MBNR 12025 on the fite of the ACB Mahabubnagar Range Police Station. for the offences under Sections 477A, 409, 465, 468, 420, 120B read with 34 of the lPC, and Section 13(1Xa) of the prevention of Corruption Act, 1988. and consequently, pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri KADEKA SAI PRIYA ,Advocate for the Petitioner and Sri T. Bala Mohan Reddy, the Special Public Prosecutor (TG) on behalf of the Sole Respondent. The Court made the following: ORDER / THE HONOURABLE SRI JUSTICE J. SREENWAS RAO CRIMINAL PETITION No. 5594 of 2o.25 ORDER: This Crimina-l Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/ accused No.2 1n Crime No. 16IRCO-ACB-MBNR/2024 on the Iile of ACB, Mahabubnagar Range Police Station registered for the offences punishable under Section 13 ( 1) (a) of the Prevention of Corruption Act, 1988
2. The case of the prosecution is that accused officer/AO-1 was working as Senior Superintendent in the Court of Principal Senior Civil Judge, Gadwal and in his capacity as such he was in-charge of Accounts Section and it is his duty to put-up the cheque petition files in land acquisition cases. The compensation amounts deposited by the Land Acquisition Ofhcer in the CCD accounts were fraudulently got transferred by accused ofhcer/AO-1 in the bank account of his wife/petitioner by-issuing cheques in her name. On verification it was found that huge amounts to a tune of more than Rs.3 Crores were fraudulen tly issued cheques in the name of /) wife/petitioner and amounts were deposited in her account. The details of such transactions were also given viz., on one occasion, a cheque of Rs.69,47,1201- on20.05.2019, a cheque for Rs.85,46,42O/- which was deposited in her account on
17.I2.2O19 and a cheque for Rs.52,45,85O/- which was deposited in her account on 09.04.2021 and similarly another cheque for Rs.25,98,25O /- was deposited in her account on
16.O8.2021. Details of other transactions were also mentioned in the complaint and it is also further alleged that when the bank account statement of petitioner was verified it was found that huge amounts were deposited in her account from the CCD account of the Court. Basing on the same, Crime No. 16 / RCO-ACB-MBNR/ 2024 was registered
3. Heard Ms.K.Sai Priya, learned counsel for the petitioner and T.Bala Mohan Reddy, learned Special Public Prosecutor for the respondent No.1-State.
4. Learned counsel for the petitioner submitted that ttre petitioner has not committed the offence and she was falsely implicated in the above crime. The entire allegations a_re leveled against Accused No.1 and he was already arrested w ?) and investigation was also completed. It is furthcr submitted that petitioner/accused No.2 is not a Government Employee and would not come u,ithin the category of ptrltlic servant. He further submitted that the petitioner is ready to cooperate with the investigation ald also read1, to abide by the conditions which are going to be imposed b1 this Court. Hence, the petitioner may be enlarged on anticipatory bail.
5. Per contra. learned Special Public Prosecutor submitted that petition er I AO .1 is none other than the husband of petitioner herein and he has misappropriated the funds to an amount of Rs.3,O8,33,16O l- which were intended to be deposited in the concerned Court for Iand acquisition compensation and Accused/AO.l who was working as Senior Superintendent in the Court of Senior Civil Judge, Gadwa-l transferred the said amount to the petitioner iiccount, as such the petitioner/Accused No.2 has committed grave offence and investigation is under progress. Hence, at this stage, the petrtioner is not entitled for grant of :rnticipatory \ bail. I I 4
6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are specific allegations made against the petitioner/Accused No.2 that huge amount of Rs.3,08,33,160/- has been misappropriated along with Accused No.1 which is intended to be deposited in the concerned Court for lald acquisition compensation. It is not 1n dispute that A. 1 is none-other than husband of petitioner/A.2. It is also pertinent to note that the petitioner approached this Court and filed CRL.P.No.4104 of 2025 for an anticipatory bail and the szune was dismissed on
28.03.2025. Taking into consideration the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner 7 . Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, pending if any, shall stand closed. I I To SD/- AHMEDABDULLAH KHAN ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The First Additional Special Judge FOR SPE & ACB CASES ,Nampally, Hyderabad.
2. The Station House Officer ,ACB Mahabubnagar Range Police Station, Mahabubnagar District.
3. One CC to SRI KADEKA SAI PRIYA, Advocate [OPUC] 4. one CC to Sri T. BALA MOHAN REDDY(SC FOR ACB SPL PP TS) Advocate IoPUCI
5. Two CD Copies ARlgh @ HIGH COURT DATED:01/0512025 ORDER CRLP.No.5594 o12025 o6 1HE g 14
44. k o t 30 Juil 2l[ a o Sr'aTruF DISMISSING THE CRL.P. \\ 6\ \