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2021 DIGILAW 455 (AP)

Katta Suresh Babu v. State of Andhra Pradesh

2021-07-23

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking regular bail to the petitioner/Accused in connection with Crime No.264 of 2021 of Addanki Police Station, Prakasam District, registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code, 1860 (for short "IPC"). 2. A complaint is lodged by the de facto complainant, stating that the petitioner while working as Assistant Manager, Punjab National bank at Sankavarapadu Branch has indulged in certain unethical practices i.e. the gold ornaments deposited / pledged by the customers for obtaining gold loans were later replaced with spurious/rold gold items and the originals were pledged at some other banks by the accused for procurement of loans and for his personal gain, cheated the customers as well as the bank by abuse of his official position and mis-utilized jewellery pledged as security. However, after coming into light the said alleged misdeeds, and on the intervention of other bank officials, the accused got released the original gold ornaments from Mannappuram Finance and again replaced the same with the bank. Basing on the said report, the present crime was registered. Petitioner was arrested and remanded to judicial custody on 03.07.2021. 3. Heard Sri S.Dilip Jaya Ram, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioner submits that petitioner is innocent of the alleged offence and there is no semblance of material to connect the petitioner with any of the alleged offences. Petitioner is working as a clerk in Oriental Commercial Bank in different places and he was never entrusted with any gold ornaments and if at all the allegation is accepted, the gold lockers can only be opened with two separate keys which are in possession of different officers of the bank. He further submits that he was affected with Covid-19 positive in the month of June, 2021 and took treatment till 07.06.2021. Further he is aged about 36 years and he is suffering from old aged ailments and from 03.07.2021 he is in jail. Hence, his case may be considered. 5. On the other hand, learned Assistant Public Prosecutor submits that entire investigation is completed and charge sheet is also filed. 6. Further he is aged about 36 years and he is suffering from old aged ailments and from 03.07.2021 he is in jail. Hence, his case may be considered. 5. On the other hand, learned Assistant Public Prosecutor submits that entire investigation is completed and charge sheet is also filed. 6. Taking into consideration the fact that entire investigation is completed and charge sheet is filed, this Court deems it appropriate to grant bail to the petitioner. 7. Accordingly, the Criminal Petition is allowed. The petitioner/Accused shall be enlarged on bail in Crime No.264 of 2021 of Addanki Police Station, Prakasam District on his executing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Additional Junior Civil Judge, Addanki, Prakasam District.