1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.5 for granting of pre-arrest bail in connection with Crime No.346 of 2026 of Tadepalli Police Station, Guntur District, was registered for the alleged offences punishable under Sections 409, 413, 420 of the Indian Penal Code, 1860 (for brevity, ‘the I.P.C’) and Section 83(3) of the Andhra Pradesh Co-operative Societies Act, 1964.
2. Mr.Madhava Rao Nalluri, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated by the Police. It is further submitted that the Petitioner is the sole earning member of his family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition.
3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on anticipatory bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition.
4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. On perusal of the record, the Petitioner is arraigned as Accused No. 5 in this case. The allegation against the Petitioner is that he had granted loans to ineligible persons while working as the Chief Executive Officer of the Primary Agricultural Co-operative Society. The learned counsel for the Petitioner submits that the Petitioner has nothing to do with the pattadar passbooks and title deeds which were allegedly issued by the Mandal Revenue Office concerned.
6. This Court, in Crl.P.No.5622 of 2026, vide order dated 17.07.2026, granted pre-arrest bail to Accused Nos.8 and 9. The Petitioner is also standing on a similar footing. The Petitioner is a permanent resident of Penumaka Village, Tadepalle Mandal, Guntur District. He has got fixed abode.
7. Having regard to the facts and circumstances of the case, the gravity and nature of the allegations leveled against the Petitioner/Accused No.5, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.5, with some stringent conditions.
8. In the result, the Criminal Petition is allowed with the following conditions:
i. In the event of his arrest, the Petitioner/Accused No.5 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for the like sum each to the satisfaction of the arresting police officials;
ii. The Petitioner/Accused No.5 shall make himself available for investigation as and when required;
iii. The Petitioner/Accused No.5 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the Charge Sheet.
iv. The Petitioner/Accused No.5 shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned.
v. The Petitioner/Accused No.5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
vi. The Petitioner/Accused No.5 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
