M/S Adept Pharma And Bioscience Excellence Private Limited v. The State Of Telangana
[ 25e4 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD -- FRIDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND NINETEEN ,- :PRESENT:
THE HONOURABLE SRIJUSTICE CHALLA KODANDA RAM CRIMINAL PETITION NO: 3338 OF 2019 / Between:
1. ItI/s Adept Pharma and Bioscience Excellence Private Limited, Plot No.30 and 31, lDA, Kukatpally Hyderabad, rep. by its Managing Director l-Vlr.Arikatla Govardhana Reddy s/o Arikatla Venkateswara Reddy .-
2. Arikatla Govardhan Reddy, s/o Venkateswara Reddy ,-
3. Jyothraditya Reddy, s/o Arikatla Govardhana Reddy -
4. Challa Srinivasa Rao, S/o Kotaiah, Petitioners/Accused No. 1 to 4 AND The State of Telangana, through S.H.O., Kukatpally Police Station, Cyberabad, rep. by its Public Prosecutor, High Court, Hyderabad. RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in of the CriminalPetltion, the High Court may be pleased to enlarge the petitioners herein on bail in the event of their arrest in connection with Cr.No. 23212019 on the file of the Kukatpally Police Station, Cyberabad, COUNSEL FOR THE PETITIONER: SRI Y.NARAPA REDDY -- CoUNSEL FOR THE RESPONDENT: PUBLIC PROSECUTOR ORDER:
HON,t}LE SRI ]USTICE CHALLA KODANDA RAM cRI INAL P TION N .3338 of o19 ORDER:
This peti:ion is filed, under Section 438 of the Crimlnal Procedure Code seeking grant of anticipatory bail to the petitioners, who are A1 to 44, in Cr.No.232 of 2079 on the file of the Station House Offlcer, Kukatpally Police Station, Hyderabad. The offences alleged are under Sections 406, 409, 42O, 477-A, 506 read with Section 120-B of the Indian Penal Code'
2.
Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondent.
3.
The case of the prosecution is that the complainant is one of the directors in the company, which is arrayed as A1, having 5 o/o shares and that A2 to A4 have misappropriated the funds of the company. 4.
In view of the above, whether there is misappropriation or not in the company, in normal circumstances, would come to light only after due investigation by the police and in the event of there being misappropriation, it would be always open for the shareholder/director I to invoke the appropriate provisions of the Company Act seeking accounting of the misappropriated sums, if any. Hence, in view of the above, this Court opines that it is a fit case for grant of anticipatory bail to the petitio n ers.
Hence, the criminal petition is allowed. The petitioners 2 to 4 are directed to surrender before the Station House Officer, Kukatpally Police Station, Hyderabad within 15 days from the date of this order. \
On such surrender, the petitioners shall be released on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioners shall abide by the conditions mentioned under Section 438(2) Criminal Procedure Code, as under:
1. The petitioners shall make themselves available for interrogation by a police officer as and when required.
2. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
3. The petitioners shall not leave India without the previous permission of the Court.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
SD/- M.RAMANA RISHNA AsslsT TR STRAR //TRUE COPY// OT ASSISTA T REGISTRAR \ To,
1. XV Additional Metropolitan Sessions Judge' Ranga Rddy District' , T:'Iiln iou* orricer' Kukatparrv Ps ' R R Distr\ct / '
3 One CC to SRI' Y NARAPA REDDY Advocate IOPUCI
4. Two CCs to PUBLIC PROSECUTOR' High Court at Hyderabad lOUTl "-
5. One SPare CoPY /'
GR
HIGH COURT CKRJ DATED:28/06/2019
ORDER
CRLP.No.3338 of 2019 BAIL I .,\ c \?
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