Andhra Pradesh High Court – Amravati
Premaraopogu Sujatha vs THE STATE OF ANDHRA PRADESH
BENCH – HON’BLE SRI JUSTICE B. KRISHNA MOHAN
CRIMINAL PETITION No. 3667 of 2023
DATE OF JUDGEMENT – 3 JUNE 2023
FACTS
This Criminal petition is filed seeking regular bail for the petitioner/Accused, registered under Section 13 (1) (b) of the Prevention of Corruption (Amendment) Act, 2018.
The case of the prosecution is that the petitioner is working as Assistant Registrar in Divisional Co-operative Office, Krishna Nagar, Kallur, Kurnool District and she acquired and possessed
disproportionate assets to the known sources of her income. The petitioner’s house and other places were raided on 2.5.2023 and the incriminating documents of immovable properties, cash and gold ornaments were seized. Thus found the disproportionate assets for the value of Rs.1,78,74,894/- approximately. Hence the above said case was registered.
The counsel for the petitioner submits that the petitioner is having proportionate assets to her known sources of the income and she does not have any disproportionate assets. The husband of the petitioner is having own medical shop and he is running the same since 1996. He also got the agricultural land by way of ancestral in nature and gets regular income out of it. The properties shown in the table at Sl.Nos.3,4 and 5 are the properties standing in the name of the petitioner’s husband and the properties mentioned at Sl.Nos.6 and 7 are the properties standing in the name of the petitioner’s daughter. The respondent erroneously mentioned that the petitioner’s son is studying fifth year MBBS course at SWIMS Institute in the B-Category seat, which is not correct as he got the admission in the A-Category seat under the Government quota.
If the aforementioned considerations were made, the petitioner would be well within the parameters of having assets compared to her known sources of income. But by entering the aforementioned case in the remand report, the respondent displayed incorrect data and facts without using his or her mind.
That apart the petitioner is also suffering from chronic ailments and she has been suffering from the remand with effect from 3.5.2023. The petitioner suffered right lower limb acute DVT in the year 2014 and she has been under the care of Dr.Devender Singh at Yashoda Hospital, Hyderabad. She underwent endovascular surgery for removal of DVT. The petitioner was admitted in Gowri Gopal Hospital (Cardiology department) on 19.7.2019 with left lower limb DVT. She underwent catheter directed thrombolysios on 19.7.2019 and she was discharged on 22.7.2019. Since then, she has been taking regular medication as per the advice of the doctors.
In this case, the inquiry is nearly finished, and the respondent officials have confiscated the records, money, and other tangible assets, as well as finished questioning the witnesses. Because a month has already passed, it is not desirable to keep the petitioner in jail. The Special Judge For Trial of SPE & ACB Cases in Kurnool denied the petitioner’s request for bail due to an incorrect interpretation of the law and the facts. Therefore, it was requested that normal bail be granted with whatever appropriate limitations the Honourable Court may impose.
On the other hand, the learned standing counsel appearing for the respondent/complainant submits that the petitioner is found in possession of the disproportionate assets for the value approximately of Rs.1,78,74,894/-.
During the course of their inquiry, the respondent officials seized gold jewellery, some cash, and papers pertaining to real estate. In the course of further research, a number of bank accounts and chits in the names of the petitioner’s family members must be validated. More impartial witnesses need to be thoroughly questioned. Since the petitioner claims that her husband owns the properties, some of which are ancestral in nature, and that he also receives income from farming, it is necessary to move forward with the investigation agency in that direction as well in order to confirm the veracity of the petitioner’s claims.
For the purpose of conducting the detailed investigation, some more time is required for the investigating agency to proceed with the above said crime. However, he admits that the petitioner was arrested on 3.5.2023 and ever since she has been in remand.
JUDGEMENT
In view of the above said facts and circumstances, as the investigation is in progress, the respondent/investigating agency is at liberty to proceed with the case strictly in accordance with law. Since there is no dispute that she has been in remand from 3.5.2023 on wards and she is suffering from serious chronic ailments which may require the attention of the Doctors periodically, keeping these factors and the circumstances in view, this Court considers for grant of regular bail for the petitioner with the following terms and conditions:
1) The petitioner shall be released on bail, registered under Section 13 (1) (b) of the Prevention of Corruption (Amendment) Act,2018 of ACB PS, Kurnool Range, Kurnool, subject to the condition that she shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each before the Special Judge for Trial of SPE & ACB cases, at Kurnool to its satisfaction.
2) On release, the petitioner shall not interfere in any manner with the course of investigation that is being undertaken by the respondent officials. She shall not tamper with the relevant records/evidence and she shall not interfere or influence the witnesses in any manner. She shall not destroy the records of the other evidence.
3) She shall not leave the Country without the permission of the Special Court concerned pending this case.
4) She shall appear before the respondent/complainant once in a week on Monday between 10.00a.m. to 1.00p.m. till the filing of the Charge sheet. With these conditions the bail is granted
Accordingly, the Criminal petition was disposed of.
JUDGEMENT REVIEWED BY HARSHIT JAIN
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