IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE DR. JUSTICE: K. G. SHANKAR CRL.P. No. 4367 of 2014 Between:
Veeramachaneni Nageswara Rao S/o Seetharamaiah Petitioner/Accused No. 2 (in Cr. No.37 of 2014 on the file of Vatchavai P.S., Krishna District. ) AND The State of A.P., Vatchavai Police Station, Krishna District, rep. by its Public Prosecutor, High Court of A.P., Hyderabad.
Respondent/Complainant COUNSEL FOR THE PETITIONER : Sri P. Nagendra Reddy COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to direct the respondent to release the petitioner on bail in the event of his arrest in Crime No. 37 of 2014 on the file of the Vatchavai Police Station, Krishna District.
THE COURT MADE THE FOLLOWING ORDER “The petitioner is A-2. He seeks for grant of anticipatory bail. He allegedly committed offences under Sections 406 and 420 IPC.
The petitioner is alleged to be a partner of a Cold Storage and that he along with others borrowed monies from the bank. It is the case of the petitioner that when the petitioner could not discharge the loan, the bank invoked SARFAESI Act for recovery of the money and that the petitioner thereafter obtained stay from the Debts Recovery Tribunal, Visakhapatnam, whereupon the present case was foisted against him.
Learned counsel for the petitioner contended that the petitioner neither committed an offence under Section 406 IPC nor an offence under Section 420 IPC. He further contended that the transaction is primarily civil in nature.
The petitioner is 63 years old. In view of the age of the petitioner and in view of the allegations against the petitioner, I consider it appropriate to enlarge the petitioner on anticipatory bail.
Consequently, this Criminal Petition is allowed. The petitioner- A2 shall surrender before the Additional Judicial Magistrate of First Class, Jaggaiahpeta, within two (2) weeks from today. On such surrender, the learned Additional Judicial Magistrate of First Class, Jaggaiahpeta, shall enlarge the petitioner-A2 on bail on a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties each in a likesum to his satisfaction.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Additional Judicial Magistrate of First Class, Jaggaiahpeta, Krishna District.
2. The Station House Officer, Vatchavai Police Station, Krishna District.
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
4. One CC to Sri P. Nagendra Reddy, Advocate (OPUC)
5. One Spare copy BV HIGH COURT DR. KGS.J DATED: 28-04-2014 ANTICIPATORY BAIL CRL.P.NO.4367 OF 2014 BAIL DRAFTED: BY BV DATED : 29-04-2014 HIGH COURT DR. KGS.J DATED: 28-04-2014 ANTICIPATORY BAIL CRL.P.NO.4367 OF 2014 BAIL