Dismissed

Muntha Aditya Kesava Sai v. The State of Telangana

Telangana HC13 Feb 2024CRLP/1272/2024

Case brief

AI extract

What is this about?

Singling out a criminal petition seeking anticipatory bail in a corruption case involving alleged sheep trade fraud. The petitioner faced charges of creating fake seller identities and misappropriating approximately Rs 2.10 Crores. The Special Public Prosecutor argued the petitioner knowingly interfered in procurement duties. The trial court found it inappropriate to grant bail due to the severity

What the court decided

AI extract

Muntha Aditya Kesava Sai Vs The State of Telangana — Corruption | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TEIIINGANA^{AT HYDERABAD}

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TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE G.RADHA RANI

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CRIMINAL PETITION NO: 1272 OF 2024

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Between:

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Muntha Aditya Kesava Sai, C/o. Munthavenkateshwarlu, Age . 59 years, Occ. Asst. Director [V and^AHJ Working at District Veterinary and Animal Husbandry Officer, Medchal District, R/o. H. No. 105/8, Gopal Reddy^Nagar, VampugudaKapra,Secunderabad, Hyderabad, Telangana^- 500 062.

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...Petitioner/Accused No.4

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AND

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The State of Telangana, Anti-Corruption Bureau, Criminal lnterdiction Unit, Hyderabad Represented by its Standing^Counsel, High Court for the State ofTelangana, at Hyderabad.

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...Respondent

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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 maybe pleased} to grant anticipatory bait in the event^{of his arrest in connection with FIR. No.} 01/RCO-CIU-AC^B /2024 dared 22/01/2024^{on the file of the Police Station Anti-} Corruption Bureau, CIU, Telangana^{State,Hyderabad.}

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This Petition coming on for hearing, upon^{perusing the Memorandum of} Grounds of Criminal Petition and upon^{hearing the arguments of Sri Setty Ravi Teia,} Advocate for the Petitioner and the^{Public Prosecutoron behalf of the sole} Respondent.

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The Court made the following:^ORDER

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THE^{HONOURABLEDR'JUSTICE G'RADHA RANI} cRIMINAL PETITI^{ONNo.l2720F2024}

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OR^DER:

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This Criminal^{Petittontsfiled unde r Section 438 of Code} of Criminal^{Procedure'1973 (for short "Cr'P'C")seeking grant} of anticiPatory^{bailto the Pctitioner/ AccusedNo.4 in F.I.R} the filc^{ol Anti CorruPtron} No.0¹ /RCO-CIU-ACB/2024^ort Hyderabad^{Police Statron'} Bureau,^{CIU, TelanganaState'} Hyderabad^{District' registeredfor the offences punishable} under^{Sections13(1) (a) reacl r,vithl3(2) and Sections 7(c) of} PreventionofCorruptionAct,lgBB(Asamencledin20lsand Section^{120-B read with 34 of lr.rdian Penal Code'}

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The case^{of lhe prosccutionlrlbricf u'as that on} 26.12.2023^{at 20:30 hours' a rcpolt \ as glven by the de facto} complainant^{statingthat hc along r'r'ith severalotherswere} of shecp^{tradirrgThe Contractor/} doing^thebusiness Moinuddin^{and his son/lkranrztnd trr.o Assislant Directors of} Animal^{HusbandryDepartmct'rt i'e 'Ravi Kumar and Keshav} Sai visited^{their Placelor putrchascof sheep for Telangana} 1'lr<' pi:titioncr^{and other 17} State^{Sheep DisLributions(:lrctrtc} persons^{were handecl ovcr 133 units of shecp to the above said}

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Contractors and Assistant Directors between 13.0g.2023 to 23.08.2023. One unit of sheep consisted of 2O ewes and one Ram (Male Goat). The sellers of the sheep handed over their bank account numbers, Aadhar Card numbers, and phone numbers to the said Moinuddin and Ikram who told them that the sale consideration would be remitted to their bank accounts but they did not receive the sale consideration. As such, they approached Moinuddin and Ikram for the payment of the amount but they warned the complainant and others.

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3' Basing on the said report, the Inspector of porice Gachibowli rcgistcred a casc in Crime No.14 57 of 2023 for the offences punishable under Sections 4O6, 4O9 and, 42O of Indian Penal Codc

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Later the casc \,as transferred to Anti Corruption Bureau, CIU, Tclangana State and the sections were altered to 406,4O9, 42O and l2O-B read r,r,ith 34 of Indian penal Code and Sections 7(c). 13(l ) (a) read with 13(2) of prevention of Corruption Act- 19g8. It \.as contended that the errant officials of Animal Husbandr_v Department i.e., Ravi Kumar arrd Keshav Sai, Assistant Direcrors colluded rvith Syed Moinuddin, Ikram

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iIlF

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private persons and created^{benami accountsand diverted} government funds of nearly^{2.10 Crores.}

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Heard the learned^{counsel for the petitioner and learned} Special Public^{Prosecutorfor ACB.}

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Learned counsel for the^{petitioner/AccusedNo'4} submitted that the^{petitioner was working asDistrict} Veterinary and Animal Husbandry^{Oflicer,MedchalDistrict'} As per the proceedings of the^{ManagingDirector vide} Lr.Roc.No.357/SRDS-II/SVOl2023^{dated 02-O8.2023'the} petitioner and several other officers^{u'ere deputedto perform} the duties required for insurance^{formalitieso[ grounded} sheep for issue of Age,^{Hea-lth &Valuation and "Fit to} transport' certificates at the^{procurement places and also to} assist in logging, loading,^{photography'and uploading details} into the portal after selection^{of sheep units by the beneficiary} artd District Teams. The^{pe'"itioner \'as allottedPrakasham} District as the place of procurement^{olsheep and was} entrusted with duties in Central^{Procurement Team who} works under the District Procuremetlt^{Team, headed by} Sri. P. Raghupathi Reddy,^q,ho was the Deputy^{Director of} Ground Water,^RangaReddy District. The duties^entrusted

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(

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for the petitioner were insurance forma_lities of grounded sheep. The District Officer as a head of District procurement Team was responsible for upioading the details pertaining to the sellers as tvell as beneficiaries.

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Learned counsel for the petitioner further submitted that the payment procedure u,as taken up by the District Collector after thorough verification of all the bills, vouchers along with required certificates to pay the cost of alimal to the seller axd transportation char-ges to the approved transport agency The District Collector after thorough v-erification wouid release the amoun t to the sellers through online transfer/ cheq r_re. The petitioner was not at all involved in release of payments to tlre animal sellers. On the basis of the report given by thc person u,ho was not fully conversart with the facts of the case, the FII? u,as registered by the Gachibowli police and subsequently transferred to the Anti_ Corruption Bureau, CIU. Telangana State. The petitioner apprehends that he rr.trs likelr to be arrested by the Anti_ Cormption Bureau Oflicials.

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He further submittcd tl_rat the u.edding of the petitioner,s son was fixed on 22.03.2021 and il the petitioner was

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a-rrested, his image and the image of his son would be irreparably dented and prayed to grant anticipatory bail to the petitioner.

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Learned Special Public Prosecutor for ACB contended that the sellers of the sheep not handed over their bank accounts numbers, Aadhar Card numbers and phone numbers to private persons, but handed over their Aadhar and Bank details to the District Procurement Team i.e., petitioner and other Officers. The State level Senior Officials i.e_. Officials in the cadre of the Assistant Directors from Animal Husbandry Department would be placed at procurement places of neighbouring states for assisting the procurement teams sent by the District Collector. They would issue age and health certificates of the sheep and conduct ear-tagging for insurance of sheep, Valuation and Fit to transport certificates at procurement places and would also assist in togging. loading, photography and uploading details into rhe portal after selection of sheep units by the beneficiary and District tearns. But the petitioner deviated from his duties and conspired with others by interfering into the duties of other officers and made entries of fake sellers in prace of originar selrers. The petitioner

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involved into the duties^{of Sri.P.RaghupathiReddyand entered} the fake seller names in^{placeof originalsellers, prepared sale-} cum-purchase certificates^{and signed.The petitioner issued'} sale-cum-purchase^{certi{icates even without the signatures of} the be-neficiary. The District^{Procurement Team had to update} sellers names, Aadhar^{Card, Bank details into their officialE-} Laabh portal and basing^{on the details entered into their} offrcial E-Laabh^{portal the rr,oney would be releasedto sellers'} The Login ID and^{passwords rl'ould be given to District} Procurement Team.^{After coming to Hyderabad,the District} Procurement Team^{wouldsubmit all the hardcopies of sale-} cum-purchase^{certihcates and Age, Health and Valuationand} fit to transport certificates^{prepaled bi them' But the District} Procurement^{'feams updated fake seller's tlarnesin place of} original seller's^{narnes. The petitionerconsptredwith others} misappropriate amounts^{to a turlc ofRs 2 i0Crores} approximately^{by entering fake setler'snames inplace of} original sellers.

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He further submittcd^{that duringthe searches in the} office of accused^{No.1 at Kondapur on 07 'O2'2O24,the original} Transport Certifrcates^{issuedb,y the pctitioner were seizedand}

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the documents provided by the complainant and others to the petitioner at the time of grounding sheep were also seized. They would ciearly indicate the connivance of the petitioner with other accused persons. He further submitted that on 26.O9.2019, the petitioner opened arl account in Andhra Bank, Gadwal Branch, vide No.0156 10100262625, in the name of Director, Depa_rtment of Animal Husbandry, without the permission of his superior oflicers and without submitting KyC particulars by using his mobile number. This led to the misappropriation of funds and in this regard, the Animal Husbandry Department was conducting al enquiry. He further subm itted that investigation was at the initial stage. If anticipatory bail was granted to the petitioner, petitioner might n'in over the witnesses and might destroy hles relating to release of money to the beneliciaries and any other files connected to the matter. Other accused officers also might plead on the same lines which would hinder justice delivery and pra_r.ed to dismiss the petition.

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I 1. Perused the Record. Considering the submissions of the learned Special Public prosecutor for ACB that the petitioner opencci an account in Andhra Bank, Gadwal Branch in the

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narne of Director, Department of Animal Husbandry, without the permission of his superior officers and without submitting KYC particulars by using his mobile number, which led to the misappropriation of funds and that he knou,ingi-y entered the fake sheep sellert narnes in place of original sellers, and issued sale-cum-purchase certificates even without the signatures of the beneliciaries eLnd basing on the names and other cletails uploaded by the District Procuremenr Teams in the portal an amount of Rs.2.10 Crores was credited into the accounts of fake sheep sellers in place of original sheep seiler's and the concerned documents were seized from his office, it is considered not a fit case for grant of anticipatory bail to the petitioner.

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In ttre result, the Criminal Petition is dismissed

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Miscellaneous applications, per'ding if anv, shall stand

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closed.

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To,

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; hi+:igii1*rf, ffi^il.. ^;^{il ;:::' .,"} 4. Two^{CD CoPies} \X

HIGH COURT

DATED:L3/2/2o24

ORDER

CRLP.No.1272 of2O24

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CRIMINAL PETITION IS DISMISSED 0

Muntha Aditya Kesava Sai v. The State of Telangana

Case brief

What is this about?

What the court decided

Muntha Aditya Kesava Sai v. The State of Telangana

Case brief

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