Dismissed

Kukkala Sri Rama Raju v. State of Andhra Pradesh

Andhra Pradesh HC29 Apr 2024CRLP/2568/2024

Case brief

AI extract

What is this about?

The Andhra Pradesh High Court disposed of a Criminal Petition filed under Section 482 Cr.P.C. For anticipatory bail in a cheating and criminal breach of trust case. The Court held it was not a fit case for anticipatory bail due to prima facie evidence and left the petitioner to file for regular bail.

What did the court decide?

The petition for anticipatory bail was dismissed. The petitioner is allowed to surrender and move for regular bail.

Kukkala Sri Rama Raju Vs State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TUESDAY,THE THIRTIETHDAY OF APRIL TWO THOUSANDAND TWENTYFOUR

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PRESENT

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HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAP

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CRIMINAL PETITION No.2568 of 2024

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Between:

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Kukkala Sri Rama Raju, S/o. Simhadri Appanna, Aged about 43 years, R/o. D.No.7-1/1, Near Church of Christ, Near New Bridge, Biccavole Mandal, East Godavari District.

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...Petitioner/Accused No.1

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi, Rep. Station House Officer, Anaparthi Police Station, East Godavari District.

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...Respondent

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Petition filed under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to Grant Anticipatory Bail in favour of the Petitioner in the event of his arrest in connection with the FIR in Crime No. 154 of 2023, dated 10-08-2023 registered by the Anaparthi Police Station, East Godavari District, U/Sec. 409, 420 r/w 34 of IPC. I.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Correct the name of the trial court in the Orders dt.30-042024 passed in CRLP.No.2568 of 2024, wherein the petitioner to be surrendered as Judicial Magistrate of First Class, Anaparthi, East Godavari

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District in the place of Judge, Family Court cum-IX^Additional District and Sessions, Judge, East Godavari in the caption ‘For Being Mentioned’.

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(Name of the Trial Court is amended as per the court^{orderdated10.05.2024} made in I.A.No.1 of 2024)

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri P Rajesh Babu, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

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The Court made the following:

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APHC010181352024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3396]

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TUESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 2568/2024

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Between:

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Kukkala Sri Rama Raju

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...PETITIONER/ACCUSED

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AND

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State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.P RAJESH BABU

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Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR (AP)

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The Court made the following:

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ORDER:

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The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the petitioner/Accused No.1, seeking to quash the proceedings against him in Crime No.154 of 2023 on the file of Anaparthi Police Station, East Godavari District, registered for the offence punishable under Sections 409 and 420 r/w.34 of the Indian Penal Code, 1860 (in short,‘I.P.C.’).

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VJP.J CrJ.P.No.2568 of 2024

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Heard Sri P.Rajesh Babu, learned counsel for the Petitioner and Sri Anand Kumar Kochiri, learned Assistant Public Prosecutor for the State/Respondent.

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Learned counsel for the Petitioner would submit that the 1 St petitioner/A1 has. not committed any offence either cheating or criminal breach of trust. He has deposited the amounts to respective accounts. Basing on the complaint made by the sitting MLA, the District Collector got enquired the matter through District Tribal Welfare Officer and directed the petitioner to deposit^anamountof Rs.18 lakhs by 15.07.2023. As the petitioner failed to deposit such amount, he was placed under suspension. Coming to the^caseofthe 2"'‘ petitioner, she is not a public servant. The application^ofoffence, under Section 409 I.P.C. does not arise. Learned counsel further submits that investigation is almost completed and prays to enlarge the petitioners on Anticipatory Bail.

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Learned Assistant Public Prosecutor vehemently opposed^and would submit that when there is a prima facie case made out against the petitioners to attract the offence under Sections 409 and 420 r/w.34 of I.P.C., granting anticipatory bail to the petitioners is not tenable. Learned Assistant Public Prosecutor further submits for dismissal of the petition.

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VJP,J Crl.P.No.2S68of2024

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At this juncture, learned counsel for the petitioner^would submit that the Court may pass appropriate orders giving opportunity to the petitioner to surrender before the Judge, Family^Court-cum-IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram. 6. Considering the submissions made and on perusal of^the material on record, this Court is of considered view that it is not a fit case to exercise the jurisdiction to enlarge the petitioner on anticipatory bail since it is case of offence punishable under Sections 409 and 420 of I.P.C. 7. As seen from the complaint and the material placed on record, prima facie case is there against the petitioner. The contentions raised by the petitioner that they have deposited the amount and the amount lying in the accounts needs comprehensive investigation. 8. In that view, the Criminal Petition is disposed of. However, the petitioner is at liberty to surrender before the Judge, Family Courtcum-IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram and move a regular bail application.

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Upon submitting such bail application, learned Judge is requested to pass appropriate orders according to law preferably on the very same day.

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.4-

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VJP,J Crl.P.No.2568 of 2024

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As a sequel thereto, miscellaneous petitions pending, if any,

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shall stand closed.

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SOI- S. SRINIVASA PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Judicial Magistrate of First Class, Anaparthi,^{EastGodavariDistrict.} 2. The Station House Officer, Anaparthi Police Station,^EastGodavari District.

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Two CCs to The Public Prosecutor, High Court of Andhra^Pradeshat Amaravathi [OUT]

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One CC to Sri P Rajesh Babu, Advocate [OPUC] 5. Three CD Copies

SSR CRIMINAL SECTION

HIGH COURT

DATED:30/04/2024

ORDER

CRLP.No.2568 of 2024

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DISPOSING OF THE CRIMINAL PETITION

Kukkala Sri Rama Raju v. State of Andhra Pradesh

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Kukkala Sri Rama Raju v. State of Andhra Pradesh

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