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2020 DIGILAW 832 (AP)

Kotikala Anil Kumar v. State of Andhra Pradesh

2020-12-17

LALITHA KANNEGANTI

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ORDER : Lalitha Kanneganti, J. 1. This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to grant pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No. 24 of 2020 of II Town Police Station, Srisailam, Kurnool District, registered for the offences punishable under Sections 188, 409 and 420 of the Indian Penal Code, 1860. 2. The case of prosecution is that on 15.04.2020, the Inspector and the Sub-Inspector of Police of Prohibition and Excise, Atmakur, along with VROs, inspected A.P. State Beverages Corporation Limited Outlet No. 13198 situated at Sunnipenta, Kurnool District, checked closure stock dated 21.03.2020 at 8.00 p.m. and found that the petitioner, who was working as Supervisor in APSBCL, lifted 94 liquor bottles worth Rs. 20,210/- during the lockdown period and sold the same to his friends for higher rates and that the petitioner affixed labels on cardboard box to make believe that the stock is sold after lockdown period. Basing on the complaint lodged on 17.04.2020 by the Inspector of Police, Prohibition and Excise Police Station, Atmakur, the present crime is registered. 3. Learned counsel for the petitioner submits that the petitioner is studying M. Tech (Civil) and due to his financial position and to maintain his family and to prosecute his studies, he joined in the temporary work and he has nothing to do with the said stock. However, on compulsion, the petitioner paid Rs. 20,210/- to the APSBCL. He submits that even at the time of inspection itself, the petitioner had voluntarily offered to pay the amount. He further submits that since the petitioner is pursuing his M. Tech (Civil), his case may be considered for grant of pre-arrest bail. 4. On the other hand, learned Public Prosecutor submits that earlier the petitioner filed Crl. P. No. 3861 of 2020 and this court dismissed the same on 21.09.2020, observing that failure to account for the amount is sufficient to constitute criminal misappropriation either temporary or permanent. As such, there are no change of circumstances in the case. Hence, the petitioner is not entitled for bail. 5. A perusal of the material on record would reveal that there are clear allegations against the petitioner that he committed the offence thereby cheated the Government. Admittedly, this court dismissed the earlier Crl. As such, there are no change of circumstances in the case. Hence, the petitioner is not entitled for bail. 5. A perusal of the material on record would reveal that there are clear allegations against the petitioner that he committed the offence thereby cheated the Government. Admittedly, this court dismissed the earlier Crl. P. No. 3861 of 2020 on 21.09.2020 filed by the petitioner. It is also an admitted fact that the amount of Rs. 20,210/-, which is alleged to have misappropriated, is already paid by the petitioner. Though that cannot be a ground for granting bail to the petitioner, since the petitioner is pursuing his M. Tech (Civil) and in view of the fact that the entire evidence is with the prosecution, there is no apprehension of tampering the evidence and influencing the prosecution witnesses by the petitioner in the event of his release on bail, this court is of the considered opinion that this is a fit case to grant pre-arrest bail to the petitioner. Accordingly, the Criminal Petition is allowed. The petitioner/accused shall be released on bail in the event of his arrest in connection with Crime No. 24 of 2020 of II Town Police Station, Srisailam, Kurnool District on condition of executing self bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, II Town Police Station, Srisailam, Kurnool District. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.