The High Court · 2025

The State of Telangana, Rep. by Public Prosecutor High Court at Hyderabad for the State of Telangana Through SHO, Sangem Police Station , Warangal District. ... RespondenUDefacto-Complainant Petition under Section 482 of The Bharatiya Nagarikh Surakhsa Sannihitha 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.6 on Anticipatory Bail in the event of his arrest by the police in connection with F.l.R. No. 131 ot 2025 on the file of court of the SHO, Police Station Sangem, Warangal District abide by the condition or conditions that might be imposed by this Hon'ble Court. This Petition coming on for hearing, upon perusing the Membrandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ajay Kumar, Advocate for the Petitioner and Syed Yaser Mamoon, the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent. The Court made the following: ORDER TIIE HOI|OURABLE SMT JUSTICE K. SUJANA CRIMII|AL PEf,ITION No.9139 of 2O2S This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.6 in connection with FIR No'131 of 2O25 before Sangem Police Station, Warangal District' registered for the offences punishable under Sections 316(2)' 316(5)' 318(4) read with 3(5) of BNS.

2. The brief facts of the case are that on the night of 1L.O7.2Ci25 at approximately t2:3O A'M'' Accused Nos' 1 to 5 were found illegally transporting 15 bags of Government-supplied urea intended for farmers' using a John Deere tractor bearing registration number TG 24 T 1 192, thereby, misapPropriating fertitizer stock meant for agricultural distribution. Upon receipt of a complaint' an inspection was conducted at the Naltabelli branch of the Primary Agricultural Cooperative Society (P'A'C'S')' during which discrepancies were observed in the stock register' bill book, and E-Poss machine recods' While the bill book :-:t 2 SKS,J Crl.P.No.9l39 of2025 indicated that 452 bags of urea had been isstred to 223 farmers, the E-Poss machine reflected issuance of orrly 444 bags to 97 farmers. Based on these findings and the complaint lodged by the farmers, a request was made for initiation of appropriate legal action not only against the frve individuals involved in the unauthorized transport of urea but also against the P.A.C.S. CEO, Mr. J. Subhash / petitioner, and his staff for their alleged role in misusing and failing to properly distribute the Government_ provided fertilizer to the intended beneficiaries. Aggrieved thereby, this Criminal Petition is filed.

3. Hezrrd Sri M.Ajay Kumar, learned counsel for petitioner, and Sri Syed yasar Mamoon, learned Additionai Public Prosecutor, appearing for respondent - State.

4. lra rned counsel for petitioner submitte(l that the registration of the FIR against petitioner is an abuse of process of law. He contended that the police registered the crime without conducting any preliminary enquiry, which is bad in law. He furttrer contended that the ingredients of Sections 316(2l',316(5), 318(4) read with Section 3(5) of BNS I / 3 SKS'J Crl.P.No-9139 of 2ol25 do not attract against the petitioner' He asserted that the complaint lodged by the Agricultural Officer' Sangem Mandal, on l2-O7'2O25 contains false allegations' although the alleged offence occurred on ll'O7 '2025' and the corrections made in the complaint raise serious doubts about its authenticity and suggest political interference' He lamentedthatthecomplaintallegesfraudulenttransferof amounts and improper distribution of urea bags' but no farmer lodged any report with the police' and mere absence of thumb impressions on some bill books does not amount to cheating- Learned counsel for petitioner incessantly contended 5. that the invocation of Section 316(5)' which prescribes life imprisonment for criminal breach of trust by a public serva.nt, is unwarranted and appears to have been incorporatedsolelytoobstructthepetitioner,srighttobail. He submitted that tlee complaint was lodged with the intentiontomalignthepetitioner'sreputationandtoensure his incarceration d*e to potiticat rivalry and influence' while advocatingthatthepetitionerisarespectedindividualwith movable and immovable properties, witling to furnish 4 SKS,J Crl.P.No.9l39 of 2O2S sureties and cooperate with the investigation, he prayed this court to allow the criminar petition, granting the rerief of anticipatory bail to the petitioner. 6' on the other hand, the rearned Additional public Prosecutor, vehementry, opposed the submissions made by learned counser for petitioner, and submitted that the allegations leveled against the petitioners are of serious nature pertaining to alleged fraudulent activities to which his custodial interrogation is necessar5r. As such, he prayed the Court to dismiss the criminal petition. 7 ' Having regard to the rivar submissions made, and on going through the materiar praced on record, it is noted that the main aregation against this petitioner is that he misused his power to show fraudulent records. The allegations against the petitioner being of serious nature and taking into consideration the fact trrat the investigation in the case is not yet completed, this court is of the firm view that petitioner is not entitled for the relief of anticipatory bail. There are no merits in this criminar petition and the same is liable to be dismissed. ,#,- f 5 SKS,J Crl.P.No.9l39 ot20.25

8. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. SD'. ABDULLA KHAN REGISTRAR ,/TRUE COPY/' SECTION OFFICER To,

1. The The Station House Officer, P.S.Sangem, Warangal District. 2. One CC to SRl. AJAY KUMAR MADISETTY Advocate [OPUCI 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad.[OUTI

4. one CC to Syed Yaser Mamoon,PUBLlC PRoSECUToR Advocate IOPUCI 5. Two CD Copies 6. One Spare Copy gh Kr HIGH COURT n t1UO812025 =i o c No.9 39 of 2025 :1. < ,.i ,!: 2 2 l{EU P5 t )17rTCt1i 0 * THE CRIMINAL ON IS DISMISSED. ^%