Nuthalapati Ashok Kumar v. State of Andhra Pradesh
2021-07-23
LALITHA KANNEGANTI
body2021
DigiLaw.ai
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A2 to A4 in the event of their arrest in connection with Crime No. 05 of 2018 of K.V.Palli Police Station, Chittoor District registered for the offences punishable under Section 420 of the Indian Penal Code, 1860 and Section 5 of the Protection of Depositors of Financial Establishments Act, 1999 read with Section 156(3) Cr.P.C. 2. The case of prosecution is that a report was lodged wherein it was alleged that the accused with a dishonest intention informed the complainant that they are going to issue public notice for their shares and the members who have already deposited in their company are receiving heavy interest and believing their words, the complainant along with some others deposited huge amounts. After receiving the deposits the accused failed to pay the interests as promised and when the depositors asked them about the same, they threatened them with dire consequences. Basing on the said report, the present complaint is registered in which the petitioners are arrayed as A2 to A4. 3. Heard Sri V.Roopesh Kumar Reddy, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners submits that without there being any material to connect the accused with the alleged crime, Police have falsely implicated the petitioners in this case. The complainant has not even filed any document showing that he has paid money to the petitioners. He submits that even as per the complaint the money was given in the year 2014 whereas the report was filed in the year, 2017 and the crime is registered in the year, 2018. Learned counsel for the petitioners submits that even if assuming that the accused are paid amounts, the complainant can recover the same by filing a civil suit. He submits that the transaction is of civil nature. He submits that A1 was already granted bail. Hence, the case of the petitioners may be considered for grant of pre-arrest bail. 5. Learned Assistant Public Prosecutor submits that investigation is almost completed and the Police are about to file charge sheet. 6.
He submits that the transaction is of civil nature. He submits that A1 was already granted bail. Hence, the case of the petitioners may be considered for grant of pre-arrest bail. 5. Learned Assistant Public Prosecutor submits that investigation is almost completed and the Police are about to file charge sheet. 6. Taking into consideration that the crime is of the year, 2018, investigation is almost completed and the fact that A1 was released on bail, this Court deems it appropriate to grant bail to the petitioners. 7. Accordingly, this Criminal Petition is allowed. The petitioners/A2 to A4 shall be released on bail in the event of their arrest in connection with Crime No. 05 of 2018 of K.V.Palli Police Station, Chittoor District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, K.V.Palli Police Station, Chittoor District. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.