Madugula Suresh v. The State Of Telangana

IN THE HIGH GOURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE ElGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G. SRI DEVI CRIMI NAL PETITIO N NO: 6304 OF 2021 Between:

It4adugula Suresh, S/o. John, Age.45 years, Occ. R/o.H.No.B-91, Fire Station Back Side, Jaggayyapeta, Presently Residing at H.No.10-2-261, Near Rama Bhadradri Kothagudem District, State of Telanaoana, Outsursing Agency, Krishna District, A. P, Talkies, Kothagudem,

...Petitioner/Accused No.3

AND The- state of Telangana, represented by Public Prosecutor, High court of Judicature, at Hyderabad Through the Station House Officer, Police Station Kothagudem lTown, Bhadradri Kothagudem District, Telangana State.

...Respondents/Complainant

Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the pensioner on Anticipatory Bail and to pass an order or orders in the event of his arrest in connection with Crime No.50 of 2021, Police Station Kothagudem I Town, Bhadradri Kothagudem District for an alleged offence punishable under Section. U/S 409, 420 lPC, during the pendency of enquiry and trial.

This Petition coming on for hearing, upon perusing the lr,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramesh Bura, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

: HONOURABLE JUSTICE G. SRI DEVI RIMINAL PETITION No.6304 of 202t The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/,\3 seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.50 o't 2021 on the file of Kothagudem I Town Police Station, Bhadradri-Kothagudem District, registered for the offences under Sections 409 and 420 lPC.

2. Heard learned counsel appearing for the petitioner/A3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record,

3. The prosecution case is that the ac:cused have misappropriated the funds to a tune of Rs.14,39,{ig2l- by nondepositing the EPF and ESI amounts of contract teaching and nonteaching staff, thereby cheated the de-facto complainart and others. 4.

Learned counsel for the petitioner would submit that the petitioner is a District Minority Welfare Officer and provided outsourcing services to the de-facto complainant and he has not committed any offence as alleged by the prosecution. He would further submit that there is no material against the petitioner I regarding commission of alleged offences. He also submits that the petitioner is not having any criminal antecedents prior to the alleged occurrence and he is a law abiding citizen and ready to abide by any

condition that may be imposed in the event of his enlargement on anticipatory bail.

5.

Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner

6. As seen from the contents of the FlR, there are specific allegations against the petitioner that he has misappropriated the funds amounting to Rs.15lakhs, which has to be disbursed towards salary to the teaching and non-teaching staff and also EPF and ESI amounts. Thus, Iooking into the nature of allegations leveled against the petitioner/A3, I am not inclined to grant anticipatory bail to the petitioner and his prayer for anticipatory bail is rejected. However, the petitioner/A3 shall surrender before the Court concerned within 15 days from today, failing which the police concerned shall take coercive steps against him.

Accordingly, the Criminal Petition is dismissed N,4iscellaneous petitions, if any pending in this criminal petition shall stand dismissed SD/. M.MANJULA ASSISTANT REGISTRAR (ti'

,TRUE COPY// SECTION OFFICER To,

1. The I Additional Judicial First class Magistrate, at Kothagudem, Bhadradri Kothagudem District.

z. i6" Siution House Officer, Kothagudem lTown, Bhadradri Kothagudem District.

S. i*o CCr to the Pubtic Prosecutor, High Court for the State of Telangana' at Hvderabad IOUTI +. One CC to dri Ramesh Bura, Advocate IOPUCI

5. Two CD CoPies

6. One Spare CoPY tutuK \ - GJ \ff- \

HIGH COURT DATED:1810812021 \ IAI€ 6E S al> cr) 26 AUCzsul oEseA,T t

ORDER

CRLP.No.6304 of 2021 DISMISSING THE CRIM!NAL PETITION v \