The High Court · 2025

The State of Telangana, through Public Prosecutor at High Court, for P.S. Mirchowk, Hyd. ...RESPONDENT Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner, or he may be ordered to be released in the event of his arrest in respect of FIR No. 107 ot 2025 on the file of PS Mirchowk, Hyderabad, in the interest of justice This Petition coming on for hearing. upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SYED MOUNIS JAFER ABlDl, Advocate for the Petitioner and SRI SYED YASAR MAMOON, the Additional Public Prosecutor for the Respondent. The Court made the following: ORDER t I i . : i : THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO CRIMINAL PETITION No.9747 of 2025 ORDER: This Criminal Petition is frled under fiection 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS) seeking anticipatory bail to the petir.ioner/ accused No.3 in Crime No.107 of 2025 on the frle of the P.S. Mirchou,k. Hyderabad, registered for the offenr;es punishable under Sections 338,318 (4),316 (5), 336 (2),34O (2) read u'ith 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short .BNSJ.

2. The case of prosecution in brief is that <>n 28.05.2025 at 2lOO hours received a complaint frorn LW- 1/ Sri Mohammed Obaid Pasha, Secretary, District Eloard, Seva Mutuallv Aided Co-operative Thrift and Crr:dit Sociery I-imited, Hyderabad in which he stated that the above credit societ]' offcrs free micro finance and thrift selvices to their rnembers rvith a mission to empower EWS perl()ns zrnd also <'onduct routine inspections through consultant named as "Saru,ath Research Foundation". In the month o' Apr.il, 2O25 conducted inspection at Charminar branch offic,: and found certairr financial discrepancies as such forred internal .a'- 2 investigation and committee and initiated preliminary multiple meeting were held between A_ 1 (Branch Manager) and internal committee. During these discussion A_ 1 confessed and disclosed name of A-2 (former accountant) that they had created fictitious loan accounts and borrower profiles under benami names and mis appropriated funds of Rs. I I lakhs and aclanowledge the same in their writing. Further investigation revealed that loans amounting to 4_s lakhs were sanctioned under benami identities without approval of knowledge of branch managrng committee. To ascertain and validate the internal report district board engaged M/s. Manohar and Venkatata Chartered Accountants and after conducting depth audit the said CA,s confirms an amount of Rs.59,70, 15O/_ remains unaccounted for due to serious irregularities. The petitioner/A_3 who is Field Cashier is absconding from duty sincc internal enquiry commenced. Hence, LW_ 1/ Complainan t requested for necessary action. Basing on the said complaint, registered a case in Cr.No.1O7 of 2025. 3 Heard Mr. Syed Mounis Jafer Abidi, learned counsel for the petitioner/accused No.3 and Mr. S,yed yasar Mamoon, 3 -f learned Additional Public Prosecutor for the respondent- State.

4. l,earned counsel for the petitioner subr-ritted that the petitioner has not committed the offence and h.e was falsely implicated in the above crime. He further subrnitted that the petitioner worked as Fiell Cashier in Seva Mutuzrlly Aided Co- operative Thrift and Credit Society Limited, H5'derabad. The role of the pr-'titioner in the said bank is only tc recover the amount from the loanees. The petitioner is r.ot having any role in granting loans. The entire allegatiorLs are levelled against A 1 and A-2 who are Branch M anager and Accountant. The ingredients under Section 338 are not altracted against the petitioner and the other olfences levelled against the petitioner are imprisonment witl less than 7 vears. A 1 n'as already arrested and entire u,estigation is completed cxcept filing of the charge sheer-. He further submitted that the petitioner is not having any or,her criminal anteced()nls and he is the only breadwinner of his fa.mily and he shall abicle by the conditions, which are going to be rmposed b_r this Court, and he is ready to coop lrate with the investigation, if any. Hence, the petitioner mzy be granted ant icipator\ I)ail. r,. 4

5. Per contra, learned Additional public prosecutor submitted that the petitioner has committed grave offence and they have mis_appropriated huge amount of Rs.59,70,150 /-. He frrrther submitted that there are specific allegations levelled against the petitioner that a, amount of Rs.4-5 lakhs were sanctioned under the benami identities using mobile number registered in ttre name of the petitioner and his wife's name and the petitioner after committing the said offence he is absconding from duties. He further submitted that the A- 1 was arrested on 2Z .06.2025 and petitioner and A-2 were absconding. He further submitted that if the petitioner/accused No.3 is granted anticipatory bail he will interfere with the investigation and also influence the witnesses. Hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the materiar available on record, it reveals tJ.at the Secretary of the Credit Society lodged a complaint on 28.O5.2O2S wherein it is specifically mentioned that the petitioner and other accused with collusion mis-appropriated huge amounts of the society i.e., 59,7O,15O/- and sanctioned loans under benami identities. 5 Even according to the learned Additional public prosecutor mvestlgation is under progress.

7. Taking into consideration the facts anrl circumstances of the case as well as the gravit5z of the offenr:e:, this Court is not inclined to grant anticipatory bail to the pctitioner. B Accordingly, this Criminal petition is disrnissed. Miscellaneou s applications, pending if arry, shall stand closed SD/-AHMED ABDULLA KHAN ASiSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 't. The Vil Additionat Chief Judiciat Magistrate at Hyderahad. 2. The Station House Offrcer, Mirchowk police Station, Hydr:rabad. 3. One CC to SRt SYED MOUNTS JAFER AB|DI Advocak: IOPUCI 4 fwo CCs to SRt pUBLtCPROSECUTOR, High Court for the State of Telangana. Hyoerabad. [OUT]

5. Two CD Copies GR,/PSI-w HIGH COURT DATED:0710812025 : I i I I i I I ! i i i I ORDER CRLP.No.9747 ot 2025 og I r'lE 5 14 ( o o t o t '12 ilIy u ( > a + \ rC ?+E.o1 DISMISSING THE CRIMINAL PETITION ."*A8 \q. 6'da'