The High Court · 2025

1. The State of Telangana, Rep.by through Public prosecutor High Court for the State of Telangana At HYderabad. ... RESPON DE NT/COMPLAINANT 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 release the Petitioner/Accused on anticipatory bail in the event of their arrest in connection with in Crime No.187 of 2025 on the file of ll Town Police Station, Mahbubnagar District, for the offence U/s 406, 420,467 of IPC This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K R K GARGEYA ,Advocate for the Petitioner and Sri Syed Yasar Mammon Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER r THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1O529 OF 2025 ORDER: This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSSJ by the petitionr:r/accused seeking anticipatory bail in connection with Cr.No.1t|7 of 2025 of Mahabubnaga-r [I-Town Police Station, Mahabubnaga.r. The offences alleged against the petitioner are under S,:ctions 406, 42O and 467 of Indian Penal Code (for short 'tPCJ.

2. The case of the prosecution is that the complainant is working as Senior Superintendent in Principal Senior Civil Judge's Court, I\lahabubnaga.r and he gave complaint as per the Office Order dated 05.05.2025, wherein it was submitted that, pursuant to Procet:dings Order Dis. No. L964 dated 29.06.2024 issued by the Hon'ble Principal District and Sessions Judge, Mahabubnagar, a regula: departmental enquiry (Enq. No.Ll2O2al was initiated against Sri N.Srinivasulu-petitioner herein, Senior Superintendent, Special fiessions Court-cum-ll Additional District and Sessions Court, Mahabubnagar (under suspension), for gross irregularities in maintedning the PD/CCD Account of the Principal Senior Civil -2- l, Judge's Court, Mahabubnagar, during his tenure from May 2018 to September 2020. Smt. V. Sarada Devi, Special Judge for trial of cases under the SCs and STs (POA) Act, 1989-cum-I[ Additional District and Sessions Judge, Mahabubnagar, was appointed as the Enquiry Officer. Upon conclusion of the enquiry, the Enquiry Officer submitted her report holding that Articles of Charge Nos.1 to 4 were proved against the Charged Employee. It was further found that the Charged Employee had forged the signature of the Presiding Ofhcer (PW4) on various docket orders and exhibited gross misconduct, including serious omissions and irregularities in account maintenance, which led to complications in processing cheque petitions filed before the Principal Senior'Civil Judge's Court, Mahabubnagar. Acts of criminal breach of trust, mfsapp.opriation, and forgery were committed by the Charged Employee, and the report indicated the possibility of other individuals having aided him in the commission of these offences. As such, requested the police for taking necessary action. Basing on the said complaint, the police registered the case against the accused for the above offences.

3. Heard Sri K.R.K.Gargeya, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State. I /\ al\ -3-

4. The contention of learned counsel for the petitioner is that the all.egations are essentially departmental in nature and discipli.eary procee<lings are already completed. Petitioner herein has alr:ady filed Crl.M.P.N o.26L of 2025 for grant of anticipatory bail, w.rich was dismissed on 09.O6.2025 and subsequently, he filed another bail application before this Court and the same was also dismissed on 25.06.2025. He further contended that the enquiry oflicer d.id not verify the records of cheque deposits and withdra.wals by rigorously examining the documents of judicial officers Petitioner is a poor person and is entirely dependent on pensior:L and he is suffering from serious health issues, which require regular medical checkups. The wife of petitioner has also undergone Hysterectom5r and Breast Surgery and also suffering fiom acute diabetes and Hyperthyroidism which requires substantial medical expenses. Learned counsel further contended that all payments were made as per the orders passed by the presiding officer on the cheque petitions. The enquiry proceedings violated the fundamental principles of natural justice. The petitioner has served 40 years of his service with due diligence which should have warranted a more measured disciplinary action rather than dismissal especially at the threshold of his retirement. Further the allegations made in the complaint are only invented for -4- the purpose of implicating the petitioner in this case. Hence, prayed this Court to grant anticipatory bail to the petitioner.

5. On the other hand learned Additional Public Prosecutor oppou"d bail stating that all the allegations against the petitioner are serious in nature that he has forged the signature of presiding officer on the dockets and he has misappropriated substantial amount of money while discharging official duties. He made excess payments and failed to provide details regarding payments. Further, as the articles of charges were proved against the petitioner, he was dismissed from service and investigation is not yet completed. At this stage, if bail is granted, he may tamper the evidence and may threaten the witnesses. As such, requested to dismiss this petition.

6. In view of the submissions made by both the counsel and a perusal of the material on available on record the allegations against the petitioner are mis-appropriation of substantial amount of money while discharging his official duties and consequent upon enquiry, he is removed from service. Considering the.severity of the allegations, this Court is not inclined to grant bail to the petitioner. As such, the petition is liable to be dismissed. / -5-

7. Accordingly, the Criminal Petition is dismissed. IVliscellaneous petitions, if any, pending shall stand closed SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To,

1. The lll Additional Judicial First class Magistrate at Mahabubnagar 2. The stertion Houlg officer ,porice station ttlahabubnagar Town-2 , Mahabubnagar District

3. One CC) to SRl. K R K GARGEyA Advocate [OpUC] 4. Two C() to SRt. pUBLtC PROSECUTOR Advocate [OLiT] 5. twd CO Copies 6 AG/PSL / I HIGH COURT DATED iA210912025 ,t ilE n S o C) ? 7 JAN 2M[ rJ * ,., L ORDER CRLP.NT).10529 of 2025 t CRLP IS DISMISSED 0l