Criminal Petition No. 6651 of 2025 · High Court · 2025

Order

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioners, who are arrayed as accused Nos.6 to 8, seeking anticipatory bail in Crime No.3 of 2021 of CID Police Station, Hyderabad (presently on the file of CID Police Station, Karimnagar) registered for the offence punishable under Sections 406, 409, 420, 468, 471, 477(A), 120(B) of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The case of prosecution in brief is that on

04.09.2021 the complainant/Lw-1 Sri PH Hashim, Deputy General Manager, IDBI Bank Limited, Regional Head (II) lodged English typed petition before Addl. D.G.P. CID., Telangana Hyderabad stating that, Industrial Development Bank of India is a retail Banking Group, registered under the Companies Act, 1956 and a company, within the meaning of the Companies Act, 2013 and a banking company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949. This bank is 2 engaged in banking business and offers vide range of banking products and financial services to Corporate and retail customers in the ordinary course of its business. Nallagopula Ramesh, Ex-Branch Head of Sattupalli IDBI colluded with Business Correspondent Shri Chettipogu Suresh and his associates Thati Chandra Rao, Merugu Shiva Krishna, and sanctioned Rs.2.61/- Crores loans to 279 loan borrowers/farmers under Kisan Credit Card Scheme and also sanctioned Rs.0.25 Crores to 26 individuals under Micro Loans Scheme in between from

13.03.2015 to September 2016. Out of which, 276 KCC Borrower accounts & 24 Micro Loan borrowers accounts are still outstanding. The loans were sanctioned to borrowers by entering loan agreements i.e. hypothecation of crops in favour of the Bank and also by submitting the Pattadar pass book standing in the name of the Borrower's. During the internal audit conducted for the financial year 2018-19 in respect of KCC Loans, the auditor found certain procedural lapses and financial transactions between said Chettipogu Suresh and the then Branch Head N.Ramesh. In view of various lapses noticed, the Bank has approached revenue authorities 3 and they have confirmed that the pattadar pass books submitted to the Bank are fake and not matching with their records. It is clear that the Ex-Branch head N.Ramesh, Business Correspondent Chettipogu Suresh and his two associates Thati Chandra Rao and Merugu Shiva Krishna colluded with the loan borrowers and cheated the Bank by submitting the forged documents and done misappropriation of public funds and caused huge loss to the public money. Hence requested to take necessary action against N. Ramesh, Chettipogu Suresh, Thati Chandra Rao & Merugu Shive Krishna and 279 KCC borrowers and 26 Micro Loan Borrowers. Basing on the above complaint, the present crime was registered for the aforesaid offences.

3. Heard Mr.N.Krishna Suman, learned counsel, representing Mr.Vivek Jain, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent- State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and 4 they are falsely implicated in the present case. He further submitted that the petitioners came to know about the pendency of this crime after arresting accused Nos.10 to 14 on 09.05.2025 only. Till such time, the petitioners are not aware about the pendency of the present crime, though petitioner Nos.1 and 3 are discharging their official duties regularly. The entire allegations are levelled against the other accused. The petitioners are not having any criminal antecedents and they are ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court. Therefore, he prayed to grant anticipatory bail to the petitioners.

5. Per contra, learned Additional Public Prosecutor opposed the bail petition and submitted that the petitioners are absconding from 2021 and they are not cooperating with the investigation and filed the present petition seeking anticipatory bail. He further submitted that the investigation is under progress. Therefore, if the petitioners are granted bail, they will influence the witnesses and interfere with the investigation. Hence, he prays to dismiss the petition. 5

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the present crime was registered on 06.09.2021. The record further reveals that petitioner No.1 is working as Assistant Manager in DCB Bank, Sathupally Branch and petitioner No.3 is a Secondary Grade Teacher at MPTS, Alligudem Village, Awaraopeta Mandal, Khammam District. Hence, the contention raised by the learned Additional Public Prosecutor that the petitioners are absconding, is not tenable under law. The specific contention made by the petitioners is that they came to know about the pendency of the present crime against them on 09.05.2025, when accused Nos.10 to 14 were arrested. Even according to the learned Additional Public Prosecutor, the petitioners are not having any criminal antecedents.

7. Taking into consideration the facts and circumstances of the case, this Court inclined to grant bail to the petitioners/accused Nos.6 to 8 subject to the following conditions: i) The petitioners/accused Nos.6 to 8 are directed to surrender before the S.H.O., CID Police Station, Karimnagar on or before 18.06.2025 and on such surrender, the Station House Officer is directed to enlarge the petitioners on bail on each of them 6 executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties for a like sum each to his satisfaction. ii) After release, the petitioners/accused Nos.6 to 8 shall appear before the concerned S.H.O. at 11-00 a.m. on every Sunday for a period of eight weeks or till filing of charge sheet, whichever is earlier, for the purpose of investigation and thereafter, as and when required. iii) After release, if the petitioners/accused Nos.6 to 8 shall not interfere with the investigation or influence the witnesses. iv) The petitioners/accused Nos.6 to 8 shall abide by the conditions stipulated under Section 482(2) of BNSS.

8. Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed. ______________________________ JUSTICE J.SREENIVAS RAO Date: 11.06.2025