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Judgment
These Criminal Petitions are filed under Section 438 Cr.P.C. by petitioners/A3 to A8 seeking bail in the event of their arrest in connection with Crime No.93/2022 on the file of Sulthanabad Police Station, Peddapalli, registered for the offences punishable under Sections 409 and 420 of Indian Penal Code.
The case of the prosecution is that the defacto complainant is ‘Zilla Manager’ who filed a complaint alleging that paddy to an extent of 91.258.40 Quintals was supplied to Sri Lakshminarasimha Industries of which petitioners herein are partners. It is alleged that the concerned authorities have found a short fall of 14,348 Quintals of paddy which is valued at Rs.5,95,98,278/- alleged to have been misappropriated.
Learned Counsel for petitioners has filed partnership deed and argued that it was A1 who was responsible for the day-to-day affairs of the firm and the petitioners have nothing to do with the running of the company on a daily basis.
However, clause-11 of the partnership deed reflects that these petitioners are actively involved and engaged themselves in conducting affairs of the business of the firm and also remuneration is being paid to each of the petitioners.
In the said circumstances, the alleged misappropriated paddy is i.e.14,348 Quintals valued at Rs.5,95,98,278/-, this Court is not inclined to grant relief of Anticipatory Bail to the petitioners. However, petitioners in Crl.P.No.4674 of 2022 being house wives aged 79 years and 53 years, respectively, the said petitioners are granted Anticipatory bail on the following conditions.
1) The petitioners/A5 and A6 in Crl.P.No.4674 of 2022, are directed to surrender before the Station House Officer, Sultanabad Police Station, Peddapalli District (Karimnagar), within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A5 and A6 on bail, on their executing personal bonds for a sum of Rs.50,000/-(Rupees fifty thousand only) each with two sureties in a like sum each to his satisfaction.
2) On such release, the petitioners/A5 and A6 shall appear before the said Station House Officer as and when required by the investigating agency.
3) The petitioners/A5 and A6 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.
The Crl.P.Nos.4617 and 4619 of 2022 are dismissed. However, the petitioners in the said criminal petitions are at liberty to move the trial Court by surrendering themselves, within 10 days from the date of receipt of a copy of this order, before the concerned Court and file application seeking regular bail with due service to the Public Prosecutor. On such surrender, the trial Court shall dispose of the bail applications, on merits, within two working days after giving opportunity of hearing to the Public Prosecutor.
Accordingly, Crl.P.No.4674/2022 is allowed and Crl.P.Nos.4617 and 4619 of 2022 are dismissed.
Miscellaneous applications, if any pending in these criminal petitions, shall stand closed.