Sri. Manche Anil Kumar v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.737 of 2025 ORDER:
This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioner/accused in Crime No.131 of 2024 of Jukkal Police Station, Kamareddy District. 2.
The brief facts of the case are that the de-facto complainant, who is the District Manager of the Telangana State Civil Supplies Corporation Limited, Kamareddy District, lodged complaint before the Jukkal Police, Kamareddy District against the petitioner, who is the Proprietor of M/s.Parameshwara Food Industries (Rice Mill), Wajarakandi village, Jukkal District, stating that the petitioner has entered into written agreement with Telangana Civil Supplies Corporation wherein it is stated that the Corporation supplies its own stocks of paddy to the petitioner and he shall supply the rice back to the Corporation for the purpose of Public Distribution System. It is stated that the petitioner entered into an agreement with the Civil Supplies Corporation in the year 2023-24 (Rabi season) and 2024-25 (Kharif season) for supply of rice to the Corporation. Later, the Custom Milling Paddy has been issued to the petitioner i.e., M/s.Parameshwara Food Industries (Rice Mill), Wajarakandi
village, Jukkal District. The de-facto complainant has conducted inspection of the mill on 10.12.2024 and after completion of inspection, they noticed that approximately 21583.17 QTs of paddy worth about Rs.5,57,41,694/- for the 2023-24 (Rabi season) and 2024-25 (Kharif season) were misappropriated. Hence, a case was registered vide Crime No.131 of 2024 for the offences punishable under Sections 316(5), 318(4) of the BNS and Section 7 of the ECA. 3.
Heard Sri C.Hari Preeth, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He further submitted that though the Government of Telangana, Civil Supplies Department, vide CCS Ref No.P.1(1)/1148/2024 dated 26.12.2024, extended time for the Rice Millers across the State of Telangana to deliver the CMR rice for seasons Kharif 2024-25 and Rabi 2023-24 till 25.01.2025, the de-facto complainant registered a case in Crime No.131 of 2024 on 10.12.2024 without even waiting for the expiry of the said time period. He also submitted that the petitioner is resident of Kamareddy, with movable and immovable properties and is willing to
furnish sureties as directed. Hence, he prayed the Court to grant anticipatory bail to the petitioner.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there is misappropriation of paddy worth about Rs.5,57,41,694/- and the investigation is not yet completed, therefore, granting anticipatory bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.
6.
Having regard to the submissions made by both the parties and a perusal of the material placed on record, it is apparent that the Government of Telangana, Civil Supplies Department, vide CCS Ref No.P.1(1)/1148/2024 dated 26.12.2024, extended time for the Rice Millers across the State of Telangana to deliver the CMR rice for seasons Kharif 2024-25 and Rabi 2023-24 till 25.01.2025. It is pertinent to note that material part of the investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner. 7.
Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:
i.
The petitioner shall surrender before the Station House Officer of P.S.
Jukkal, Jukkal Town and Mandal, kamareddy District, Telangana within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.
ii.
The petitioner shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.
iii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 24.01.2025 gms
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.737 of 2025 Date: 24.01.2025 gms