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2021 DIGILAW 358 (AP)

Ragolu Trinadh v. State of Andhra Pradesh

2021-06-25

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This Criminal Petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking prearrest bail to the petitioners/A-1, A-2 and A-4 in the event of their arrest in connection with Crime No.408 of 2020 of Dowleswaram Police Station, East Godavari District, wherein the petitioners are alleged to have committed the offences punishable under Section 409, 420, 506 r/w 34 of Indian Penal Code, 1860 (for short "IPC"). 2. Heard Sri R.K.Acharyulu, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. 3. A report was lodged by the defacto complainant stating that the 1st petitioner joined as a Manager in the firm run by defacto complainant and his wife in the name and style of Radha Traders, Rajamahendravaram. The 1st petitioner collected amounts from the customers and did not remit the same into business account and he joined hands with his brother i.e. 2nd petitioner. By suspecting the conduct of 1st petitioner, the defacto complainant terminated him from the post of Manager and appointed one Malasani Srinu as clerk. On that the 1st petitioner warned the complainant that he will filing false income tax cases. Then on enquiry, the complainant came to know that the 1st petitioner misappropriated funds to a tune of Rs.5,09,490/- towards cement, Rs.5,05,293/- towards iron and Rs.1,14,411/- towards cash. Basing on the said report, the present crime was registered. 4. Learned counsel for the petitioners submits that the 1st petitioner worked with the defacto complainant and he is no way connected with any of the business dealings and he was never in touch with any of the customers. He submits that there was no entrustment of property to the petitioners as such the offences under Section 409 and 420 of IPC are not attracted. He submits that as the defacto complainant is not able to recover the amounts from his customers, false case is foisted against the petitioners and the complaint was lodged on 29.12.2020 and as of now considerable time has elapsed and at this stage, it cannot be said that if the petitioners are enlarged on bail, there is every likelihood of tampering with evidence and influencing the witnesses. 5. On the other hand, learned Assistant Public Prosecutor submits that there are clear allegations against A-1, who is working with the defacto complainant. 5. On the other hand, learned Assistant Public Prosecutor submits that there are clear allegations against A-1, who is working with the defacto complainant. But however, learned Assistant Public Prosecutor does not dispute about the fact that A-2 is brother and A-4 is father of A-1 and there are no specific overt acts attributed against them. He submits that in view of the allegations leveled against the petitioners and as the investigation is pending, the petitioners are entitled for pre-arrest bail. 6. Having heard the learned counsel on either side, there are specific allegations against A-2 and A-4 in the complaint, as such this Court deems it appropriate to grant bail to A-2 and A-4. Insofar as A-1 is concerned, learned counsel for the petitioners submits that A-1 will surrender before the concerned Court and the application seeking bail may be directed to be considered on the same day itself. 7. Accordingly, this Criminal Petition is disposed of and the petitioners/ A-2 and A-4 shall be enlarged on bail in the event of their arrest in connection with Crime No.408 of 2020 of Dowleswaram Police Station, East Godavari District on executing each a bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum to the satisfaction of the Station House Officer, Dowleswaram Police Station, East Godavari District. The petitioner/A-1 shall surrender before concerned Court and on such surrender the learned Magistrate shall consider the bail application on the same day in accordance with law. As a sequel, all the pending miscellaneous applications shall stand closed.