Anticipatory bail petition by accused no.2 in an unauthorised chit/deposit collection case under Sections 420 and 120B IPC, Prize Chits Act and AP Depositors Act. Investigation at nascent stage with no changed circumstances since prior dismissal; bail refused.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY *
CRIMINAL PETITION NO: 798 OF 2024
Between:
K.Sudhakar, S/o K.Paiyani Reddy, residing at D.No.7-19, Venugopalapuram, Taduku, Tirupathi District. (A2)
...PETITIONER/ACCUSED No.2
AND
The State of Andhra Pradesh, through S.H.O. Puttur PS, represented by Public Prosecutor, High Court of AP at Amaravathi.
...RESPONDENT
Petition under Section 438 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 enlarge the Petitioner/Accusedonbailin the event of his arrest in connection with FIR.No.170/2022 on the file of the SHO Puttur Police Station, Puttur, Tirupathi District for punishable offences under Sections 420, 120B of Indian Penal Code, 1860 R/w. 3 of The Prize Chits and Money Circulation Schemes (Banning) Act,1978andSection5 of The Andhra Pradesh Protection Of Depositors Of Financial Establishments Act, 1999.
This Petition coming on for hearing, upon perusingtheMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VMR LEGAL ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following:
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
■ft i If ''i IS J
WEDNESDAY,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
CRIMINAL PETITION NO:798 OF 2024 Between:
K.Sudhakar, S/o. K.Paiyani Reddy, R/o.D.No.7-19, Venugopalapuram, Taduku, Tirupathi District. (A2)
... Petitioner/A2
And
The State of Andhra Pradesh, through the Station House officer, Puttur PS, represented by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.
... Respondent
The Court made the following:
The Criminal Petition, under Section 438 CrPC, is filedonbehalf of the petitioner herein/A2 to grant anticipatory bailinconnectionwith Crime No. 170 of 2022 of Puttur Police Station, Puttur, Tirupathi District. 2. A case has been registered against the petitioner herein/A2and others for the offences punishable under Sections 420 and 120B IPC, 1860 Section 4 read with 3 of the Prize Chits and MoneyCirculation Schemes (Banning) Act, 1978 and Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999. 3. Brief facts of the case are that, on 01.08.2022 at 8.30 p.m. the ofe facto complainant viz., M.Lakshmi resident of Timmapuram village.
/
2
Puttur Mandal, Tirupathi District gave report thatA1 being the Managing Director of Nobei Assist Groups of Company, Chennai, Tamiinadu State, A2 to A4 being Branch Managers andA5 being Director of all branches, ran unauthorized chits and secured the deposits to a tune of Rs. 1,23,20,000/- from the defactocomplainant and other villagers on the pretext that they wouldremittheinterestof 4.5% per month. Thereafter, accused persons did not return the deposit amount and also the chit amount.
- Heard both sides and perused the record. 5. It is submitted by the learned counsel for the petitionerthatall the allegations alleged against the petitioner herein/A2areomnibus. Police had implicated the petitioner herein/A2 in the crime by fabricating the mediators report. The content of thereportdoesnot disclose that the petitioner herein/A2 committed cheatingorcriminal conspiracy.
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de facto complainant that they would invest the money in share market, foreign trading, real estate and other ventures. The petitioner herein/A2 alleged to have participated in the offence right from the beginning by conspiring together with other accused. The investigation is at nascent stage and there is no change of circumstancefromthe date of dismissal of petition filed by the petitioner herein/A2 under Section 438 CrPC vide Criminal Petition No.8996 of 2022, dated 23.11.2022 till the filing of the present petition. In view of the aforesaid reason, this Court is not inclined to grant anticipatory bail to the petitioner herein/A2.
As a sequel thereto, the miscellaneous petitions, if any, pending
in this Criminal Petition, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR
//TRUE COPY//
To,
^^^TION OFFICER
RDB
AL
(RDB)'*’
r
HIGH COURT
DATED:20/03/2024
ORDER
CRLP.No.798 of 2024
CRIMINAL PETITION IS DISMISSED
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner/A2 in Crime No.170 of 2022 despite a prior dismissal of his Section 438 petition.
4 provisions across 4 enactments
K.Sudhakar (A2)
The State of Andhra Pradesh
K. Sreenivasa Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
