Janga Jamalaiah v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.7069 of 2025 Order:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'BNSS') seeking anticipatory bail to the petitioner/accused No.9 in Crime No.3 of 2021 of CID Police Station, Hyderabad (presently on the file of CID Police Station, Karimnagar), registered for the offences punishable under Sections 406, 409, 420, 468, 471 and 477-A r/w 120B of the Indian Penal Code, 1860 (for short 'IPC').

2.

The case of the prosecution is that on 04.09.2021, the Deputy General Manager of IDBI Bank, lodged a complaint with the Additional Director General of Police, CID, Telangana, stating that large scale fraud has been committed in respect of 279 KCC loans and 26 Micro loans and accused No.4, who was the former Manager of IDBI Bank, Sattupalli, in collusion with accused Nos.1 to 3, fraudulently sanctioned

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loans amounting to ₹2.61 crores to 279 borrowers under the Kisan Credit Card (KCC) Scheme and ₹25 lakhs to 26 individuals under the Micro Loans Scheme between March, 2015 and September, 2016 and the internal audit revealed procedural lapses and financial irregularities including submission of fake Pattadar passbooks and it was found that the petitioner/accused No.9 and other accused conspired with borrowers to cheat the bank and misappropriate the public funds. Basing on the said complaint, the present crime was registered for the aforesaid offences.

3.

Heard Mr. P.V.Venkata Ravi Sankar, learned counsel for the petitioner/accused No.9 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State. 4.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he availed agricultural loan and cleared the same and the dispute between the petitioner and the complainant has ended in compromise vide award dated 08.03.2025 passed by the Lok Adalat.

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Learned counsel further submits that and the entire allegations are levelled against the other accused, who are the employees of the bank that they have misappropriated the amounts and the petitioner is residing in Pallewada Village, Chowdaram Post, Khammam District and doing agriculture and he is not absconding and in fact, he came to know about the pendency of the present crime only on 10.04.2025 and accused Nos.6 to 8, against whom the very same allegations are levelled, have already approached this Court by filing Crl.P.No.665 of 2025 and this Court allowed the same vide order dated 11.06.2025 and the petitioner is not having any criminal antecedents and as such, he be granted anticipatory bail as he is ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

5.

On the other hand, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and huge amount of complainant bank was misappropriated by the petitioner and other accused and the petitioner is absconding

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since 2021 and the investigation is under progress and if the petitioner is granted anticipatory bail at this stage, there is every chance of his influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss the petition. 6.

Having considered the rival submissions made by learned counsel for the respective parties and after perusal of the material available on record, it reveals that the present crime was registered on 06.09.2021. It is the specific contention of the petitioner that he is doing agriculture and residing in his village viz., Pallewada of Chowdaram Post, Khammam District and he never absconded. However, the prosecution has not produced the remand case diary to show that the petitioner is not available in the village from the date of registration of the crime. The record further reveals that on the very same allegations, as levelled against the petitioner herein, accused Nos.6 to 8 were granted anticipatory bail vide order dated 11.06.2025 passed in Crl.P.No.6651 of 2025. Even according

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to the learned Additional Public Prosecutor, the petitioner is not having any criminal antecedents.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.9 subject to the following conditions: i) The petitioner/accused No.9 is directed to surrender before the Station House Officer, CID Police Station, Karimnagar on or before 02.07.2025 and on such surrender, the Station House Officer is directed to enlarge the petitioner on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties for a like sum each to his satisfaction.

ii) After release, the petitioner/accused No.9 shall appear before the concerned Station House Officer at 11:00 a.m. on every Sunday for a period of eight weeks or till filing of charge sheet, whichever is earlier, for the purpose of investigation and thereafter, as and when required. iii) After release, the petitioner/accused No.9 shall not interfere with the investigation or influence the witnesses.

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iv) The petitioner/accused No.9 shall abide by the conditions stipulated under Section 482(2) of BNSS.

8.

Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed.

___________________ J.SREENIVAS RAO, J Date: 25.06.2025 LUR