The High Court · 2025

Petition under Section 4g2 of BNSS, 2024 praying that in the crrcumstances stated in the J\remorand* of c-rornos of crrminar petition, the High court may be preased. t"-""r"rg" ih";il"*r on bair in the event of his illiX,[,J:.'XX? j ::,,"J]" N o 22 1 or )oz s LiFi" i" inel a,. c u n;. wal, g bi.,.i" This petition coming_ on for hearing,upon perusing the Memorandum of Grounds of Criminal petition and ;p;n i.rring the arguments of Sri K. Rama Subba Rao ,Advocate for itre petitioner and Sri Syed yasar Mamoon, Additional public prosecutor on behalf of the Respondent. The Court made the foilowing: ORDER "i' THE HONOURABLE SRT JUSTICE J. SREENIVAS RAO CRIMINAL PETIT ION No.9651 of2o25 ORDER: This Criminal Petition has been frled under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner/ accused No.1 seeking anticipatory bail in the event of his arrest in Crime No.221 of 2025 of Inthezargunj Town Police Station, Warangal District, registered for the offences punishable under Sections 318(4), 316(5) arrd 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. The case of prosecuLion in brief is that on 04'06'2025 hours, the de fact'o complainalt lodged a complaini stating that his head oflice had dcputed Mr. Y. Sanjeeva Reddy, Assistant General Manager, for conducting surprise verihcation of gold ornaments pledged. with the Branch and after verifying the purity of gold along with weight pledged with the branch on 23.05.2025. Out of 166 gold bags, the loan account Nos'1777' 1U21 and 1822 belong to accused No'7 to 9, sanctioned by the petitioner found that some gold items pledged by them are spurious gold/ fake gold, thcreby the Bank su stained loss to a |uneofRs.43.5olakhs.Atthetimeofsanctionofabor,egold loans, the gold loan appraisers are accused Nos'4 and 5' All the 2 spurious gold/fake gold items were sealed alorr , with all the loan documents and kept in branch custody. Hencr: the complaint.

3. Heard Mr. K. Rama Subba Rao, learnec counsel for the petitioner, ald Mr. Syed yasar Mzrmoon, i,: rned Additional Public Prosecutor appearing for the respondent itate.

4. Learned counsel for the petitioner sut nitted that the petttioner has not committed any offence, mucl less the alleged offences and he u,as falsely implicated in the pr:sent crime only on the ground that the petitioner is the MaralJ, r of the Andhra Pradesh Mahesh Co operativ<: Urban Balk Ljr rited (for short, to the allegatic r s made in the 'the Bank'). Even according 1 loan from the gold ornaments authorized gold complaint, accused Nos.7 to 9 have availcd gcl Bank b1, pledging goid ornaments and the saic were verified by accused Nos.4 and 5, who arr appraisers appointed by the Bank, and the s report was placed before accused Nos.2 and competent authorities, to process the applicat Nos.7 to 9. There is no role of the petitione - insofar as the verification of the gold ornarnents which are plerl;ed by accused Nos.7 to 9. After certifying that the gold ornamer t is genuine by accused Nos.4 and 5, accused Nos.2 and 3 forq i rded the same on of accused i, urho are the aid Appraisers' 3 to the petitioner, who in turn approved the same as a Manager of the Balk and there is no specif,rc allegation against the petitioner that he committed the offence. Hence, the ingredients under Section 316(5) of the BNS are not attracted against the petitioner and the punishment for the other offences is up to seven years. He further submitted that except the petitioner and accused Nos.7 to 9, other accused were arrested and entire material part of the investigation is completed except hling of the charge sheet. He further submittcd that the police seized the gold and other documents and the question of tampering the evidence or influence the u,itncsses by the petitioner does not arise- He further submitted that the petitioner was suspended from the service and now he is not attending the official duties as a Manager of the Bank. The petitioner is not having any crimina-l antecedents and he is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court. Hence, the petitioner may be granted anticipatory bail.

5. Per contra, Iearned Additional Public Prosecutor submitted that the petitioner has committed a grave offence. There is specihc allegation ievclled against tlle petitioner that at the instance of the petitioncr, the other accused have committed the 4 offence. There is a clear conspiracy between tl e petitioner and other accused and the petitioner along with a<:r used Nos.2 to 5 sanctioned a huge amount of Rs-43.50 lakhs I.r and committed several irregularities. .lhe inve: progress. At this stage, if the petitioner is eniz will tamper with the evidence and influence Hence, the petitioner is not entitled for grant of r He further submitted that the pctitioner had Court and filed Crl.p.No.Zl24 ol 2025 lor gran bail ald the same was dismisscd as u.ithdraw.r The petitioner once again approachcd this Ccl present criminal petition u,ith the vcry same ali: wards gold loan igation is under rged on bail, he the witnesses. aticipatory bail. rpproached this of anticipatory on 25.06.2025. rt and filed the lations. Hence, the petitioner is not entitled for grant of anticipe 1 rry bail.

6. Having considered the rival submissiorL - respective parties and after perusal the mater record, it reveals that there are specific a1l: against the petitioner and other accused that gold loan in favour of accused Nos.7 to 9. Thr pledged by accused Nos.7 to 9 is spurious /fake 4 Bank sustained huge hnancial loss to a tune o[ and the said amount belongs to thc public. 1.1.r reveals that accused Nos.2 to 5 in their statefiLr made by the al available on ;ations levelled hey sanctioned 3old which was rid, thereby the Rs.43.5O lakhs record further 4ts specifically i- 5 stated the role of the petitioner that at the instance of the petitioner, they were opened the bank accounts in the names of accused Nos.7 to 9 and provided gold loals' Learned Additional Public Prosecutor placed the instructions of Sub-Inspector of Police, Inthe zargttnj Police Station, Warangal District' dated 31.07.2025, wherein it is stated that the investigation is under progress.

7. Taking into consicleration the facts and circumstances of the case and also gravity of the offence, this Court is inclined to grant an[icipaton' bail, especially when the investigation is under progress. B. Accordingly, the criminal petition is dismissed' Miscellancous applications, pending if any' shall stand closed. /,TRUE COPY'/ S . MOHD. ISMAIL TY REGISTR E ON OFFICER To,

1. The Court of the I Additional Judicial First Class Magi at Warangal 2. The Station House Officer, lnthezargunj Police Station, Watangal District 3. One CC to Sri K. Rama Subba Rao, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad. [OUT] 5, Two CD Copies CHRK/gh {HF- SIA I i JAN 2[26 i,: i" l. ':'i' t _,. '/' .,./, !.4',.-^,:'\- \-:-_ji:=-/- HIGH COURT DATED:06t0gtZOzS ORDER CRLP.No.9651 of 2O2S o() * CRIMINAL PETITION IS DISMISSED. {1L,' .'h