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Judgment
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.5 and 9 for granting of pre-arrest bail in connection with Crime No.10 of 2020 of S.R.Puram Police Station, SPSR Nellore District, was registered for the alleged offences punishable under Sections 409,420 and 102b read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’).
Mr.M. Sri Venkat Rao Ravulapalli, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of their family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition.
Per contra, Mr.A. Sai Rohit, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on anticipatory bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition.
Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, the Petitioners/Accused Nos.5 and 9 are alleged to have indulged in the swindling of amounts of Rs.9,32,452/- and Rs.1,16,476/-, respectively. A Coordinate Bench of this Court, by order dated 28.12.2021 in Crl.P.No.7308 of 2021, granted pre-arrest bail to Accused Nos.1, 4, 6, 7, 10, 12, 13 and 14. The case pertains to the year 2020. The Petitioners also stand on the same footing as the other accused who have been granted pre-arrest bail.
Considering the facts and circumstances of the case, the gravity and nature of the allegations, this Court is inclined to grant pre-arrest bail to the Petitioners/Accused Nos.5 and 9.
In the result, the Criminal Petition is allowed with the following conditions:
In the event of their arrest, the Petitioners/Accused Nos.5 and 9 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials;
The Petitioners/Accused Nos.5 and 9 shall make themselves available for investigation as and when required;
The Petitioners/Accused Nos.5 and 9 shall not cause any threat, inducement or promise to the prosecution witnesses;
The Petitioners/Accused Nos.5 and 9 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
The Petitioners/Accused Nos.5 and 9 shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioners/Accused Nos.5 and 9 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
The Petitioners/Accused Nos.5 and 9 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.