Marapu Kantha Rao v. The State Of A.P., Through S.H.O.

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER, TWO THOUSAND AND THIRTEEN :PRESENT:

THE HON'BLE SRI JUSTICE: R. KANTHA RAO CRIMINAL PETITION NO : 15428 OF 2013 Between:

Marapu Kantha Rao S/o Kanakaiah

...Petitioner(Accused No. 3

in Cr. No. 270 of 2013 on the file of Kusumanchi P.S., Khammam District) AND The State of A.P., through SHO, Kusumanchi Police Station, Khammam District, rep. by Public Prosecutor, High Court of A.P., Hyderabad.

...Respondent/Respondent

COUNSEL FOR THE PETITIONER : Sri K. M. Krishna Reddy COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Sections 437 & 439 of Crl. P.C praying that in the circumstances stated in the petition and the memo of grounds filed herein, the High Court maybe pleased to enlarge the petitioner/A3 on bail in connection with Crime No. 270 of 2013 of Kusumanchi Police Station, Khammam District.

THE COURT MADE THE FOLLOWING ORDER :

"This criminal petition is filed by the petitioner-A3 under Sections 437 and 439 of the Criminal Procedure Code seeking bail in Crime No.270 of 2013 of Kusumanchi Police Station, Khammam District, registered for the offence punishable under Sections 409, 420, 468 and 471 read with 34 of IPC.

2. Heard the learned counsel appearing for the petitioner - A3 and the learned Additional Public Prosecutor representing the respondent-state.

3. It is mentioned in the remand report that A1 and A2, who are the bank officials, were taking amounts from the customers under credit forms and giving counterfoils, but did not deposit the said amounts into the concerned accounts.

It is further stated that they maintained an unauthorized account and a register by making forged signatures of the customers on the withdrawal forms with the assistance of A4. Petitioner-A3 is said to be the Field Officer. His name is not mentioned in the FIR. After the arrest of A1 and A2, basing on their confessional statements it seems that the name of the petitioner-A3 is included in the present case. The remand report also does not show about the involvement of the petitionerA3 in the commission of alleged offence. The petitioner has been in judicial custody since 07.11.2013. In view of the aforesaid facts, I am inclined to grant bail to the petitioner-A3.

(Contd. 2. )

. 2 .

4.

In the result, the Criminal Petition is allowed and the petitioner-A3 is therefore ordered to be released on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate (Special Mobile), at Khammam."

ASSISTANT REGISTRAR / TRUE COPY // for ASSISTANT REGISTRAR To

1. The Principal Sessions Judge, Khammam.

2. The Judicial First Class Magistrate, (Special Mobile Court) at Khammam.

3. The Station House Officer, Kusumanchi Police Station, Khammam District.

4. The Superintendent, District Jail, Khammam.

5. Two CCs to the Public Prosecutor, High Court of A.P., Hyderabad (OUT)

6. One CC to Sri K. M. Krishna Reddy, Advocate (OPUC)

7. One Spare Copy BV

HIGH COURT RKR.J DATED: 31-12-2013 BAIL ORDER CRL.P. NO. 15428 OF 2013 BAIL GRANTED

DRAFTED: BY BV DATED: 02-02-2014 HIGH COURT RKR.J DATED: 31-12-2013 BAIL ORDER CRL.P. NO. 15428 OF 2013 BAIL GRANTED