Dr. S Srinivasa Reddy

IN THE COURT OF SPECIAL JUDGE FOR ACB & SPE CASES

KARIMNAGAR

Present :- DR. S. SRINIVAS REDDY I-Addl. Sessions Judge, FAC : Special Judge for ACB & SPE Cases, Karimnagar.

Tuesday, the 20 thday of October, 2020

CRL. MISC. PETITION NO. 11 OF 2020

IN

CR. NO. 6/ACB/KNR/2020

Between:- Sri Peddi Vinayak Reddy, S/o Lakshma Reddy, aged 36 yrs., Occ : Junior Assistant, Office of the Asst. Director, Drugs Control Administration, Karimnagar, R/o H.No.9-5-261, Pragathinagar, Karimnagar.

…Petitioner/AO.1.

And

The State of Telangana through ACB, Karimnagar Range.

…Respondent/Complainant.

AND

CRL. MISC. PETITION NO. 12 OF 2020

IN

CR. NO. 6/ACB/KNR/2020

Between:- Sri Mohammad Rizwan, S/o Abdul Raheem, 26 yrs., Office Subordinate, Office of the Asst. Director, Drugs Control Administration, Karimnagar, R/o H.No.1-1-37, Hajipura, Korutla Town of Jagtial District.

…Petitioner/AO.2.

And

The State of Telangana through ACB, Karimnagar Range.

…Respondent/Complainant.

PETITIONS FILED UNDER SECTION: 437 Cr.P.C.

OFFENCE UNDER SEC.7 ( a ) OF PREVENTION OF CORRUPTION ACT

These petitions coming before me for hearing in the presence of Sri C. Raghunandan Raju, Advocate for petitioner/AO.1, Sri V. Raghuraman, Advocate for the petitioner/AO.2 and the learned Special Public Prosecutor for State and having heard him, this Court made the following :-

-: COMMON ORDER :-

Crl. M.P. No.11/2020 is the second bail petition of the petitioner/AO.1 and Crl. M.P. No.12/2020 is the first bail petition of the petitioner/AO.2, which are filed under Sec.437 of Cr. PC., in Cr. No.6/ACB/KNR/2020 of ACB, Karimnagar Range for the offence punishable under Sec.7 (a) of Prevention of Corruption Act, 1988, for their enlargement on bail.

2

2.It is apparent from the material on record that both the petitioners/AO.1 and AO.2 are working in the Office of Asst. Director, Drugs Control Administration, Karimnagar and they were remanded to judicial custody on 08.09.2020 in the above crime.

3.The allegations leveled against the petitioner/AO.1 are that he has demanded and accepted a bribe amount of Rs.20,000/- for renewing the licence of the defacto-complainant for his Medical Shop, namely, Sri Ganesh Medical and General Stores, situated at STD Tower, Huzurabad. It is alleged that the petitioner/AO.2 has also demanded and received a bribe amount of Rs.500/-, which was paid by the defacto-complainant. The bribe amount is stated to have been recovered from the possession of petitioners/AO.1 and AO.2 by the concerned ACB Officials by following the due procedure.

4.The learned counsel for the petitioner/AO.1 in Crl. M.P. No.11/2020 has submitted that the entire case of the investigating agency against the petitioner/AO.1 is fabricated, there is no prima facie proof of demand and acceptance of Rs.20,000/- by the petitioner/AO.1 and, no official favour was pending with him as alleged by the defacto-complainant, the mediators’ reports are all fabricated and the investigating agency intentionally is not getting Sec.164 Cr. PC. Statement of the defacto-complainant recorded with a view to deny bail to the petitioner/AO.1 and as the entire investigation is completed, except filing of Charge Sheet, taking into account the date of remand of the petitioner/AO.1 which is on 08.09.2020, he may be enlarged on bail on any conditions.

5.The learned counsel for the petitioner/AO.2 in Crl. M.P. No.12/2020 has submitted that there is no material on record to show that the petitioner/AO.2 has demanded the bribe amount of Rs.500/- from the defacto-complainant, the cash of Rs.500/- said to have been given by the defacto-complainant to the petitioner/AO.2 is from the personal cash of the defacto-complainant and not the tainted money and the petitioner/AO.2 is an Office Subordinate and innocent person, the investigating agency has failed to prove any demand of bribe amount by the petitioner/AO.2 and since no tainted money is recovered from his possession and not subjected to mandatory phenolphthalein test, the petitioner/AO.2, who has a permanent job and fixed abode, may be enlarged on bail on any conditions since there are no specific allegations of any demand made by him in the complaint lodged by the defacto-complainant.

6.The learned Special Public Prosecutor of ACB Karimnagar, while referring to the contents of the counters filed by her in these two petitions, submitted that the material so far collected by the investigating agency clearly proves the 3 demand and acceptance of bribe amount by the petitioner/AO.1 for doing the official favour of renewing the licence of his Medical Shop, the tainted money is also recovered from his possession, the demand of petitioner/AO.2 in a sum of Rs.500/- from the defacto-complainant is also proved and as the defacto- complainant is suffering with Corona and it is proposed to record his Sec.164 Cr. PC. Statement on 27.10.2020 and as some more documents are to be collected apart from recording the statements of some more witnesses, these petitions are liable to be dismissed.

7.Having heard the submissions of both sides and on a perusal of the material on record, the record discloses that the petitioners/AO.1 and AO.2 are remanded to judicial custody on 08.09.2020 on the allegations of demanding and accepting a bribe amount of Rs.20,000/- and Rs.500/- from the defacto- complainant respectively as illegal gratification other than legal remuneration for showing official favour to the defacto-complainant for renewal of licence of his Medical Shop by name Sri Ganesh Medical and General Stores, situated at STD Tower, Huzurabad. The Special Public Prosecutor has submitted that since the defacto-complainant is suffering from Covid-19, his 164 Cr. PC. Statement is to be recorded on 27.10.2020 and further submitted that some more witnesses are to be examined and some more documents have to be collected proving the complicity of these petitioners/AO.1 and AO.2. Therefore, in view of the serious nature of the allegations leveled against these petitioners/AO.1 and AO.2 and as further investigation is stated to be in progress, if these petitioners/AO.1 and AO.2 are enlarged on bail at this stage, the prospect of their interdicting the further course of investigation cannot be ruled out. For these reasons, these petitions are liable to be dismissed.

8.In the result, these petitions are dismissed.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by me in the open court on this the 20th day of October, 2020.

I-Addl. Sessions Judge, FAC : Spl. Judge for ACB & SPE Cases, Karimnagar. To

1. The Dy. Supdt. of Police, ACB, Karimnagar Range.

2. The Superintendent, District Jail, Karimnagar.

IN THE COURT OF SPECIAL JUDGE FOR ACB & SPE CASES

KARIMNAGAR

Present :- DR. S. SRINIVAS REDDY I-Addl. Sessions Judge, FAC : Special Judge for ACB & SPE Cases, Karimnagar.

Tuesday, the 20 thday of October, 2020

CRL. MISC. PETITION NO. 11 OF 2020

IN

CR. NO. 6/ACB/KNR/2020

Between:- Sri Peddi Vinayak Reddy, S/o Lakshma Reddy, aged 36 yrs., Occ : Junior Assistant, Office of the Asst. Director, Drugs Control Administration, Karimnagar, R/o H.No.9-5-261, Pragathinagar, Karimnagar.

…Petitioner/AO.1.

And

The State of Telangana through ACB, Karimnagar Range.

…Respondent/Complainant.

AND

CRL. MISC. PETITION NO. 12 OF 2020

IN

CR. NO. 6/ACB/KNR/2020

Between:- Sri Mohammad Rizwan, S/o Abdul Raheem, 26 yrs., Office Subordinate, Office of the Asst. Director, Drugs Control Administration, Karimnagar, R/o H.No.1-1-37, Hajipura, Korutla Town of Jagtial District.

…Petitioner/AO.2.

And

The State of Telangana through ACB, Karimnagar Range.

…Respondent/Complainant.

PETITIONS FILED UNDER SECTION: 437 Cr.P.C.

OFFENCE UNDER SEC.7 ( a ) OF PREVENTION OF CORRUPTION ACT

These petitions coming before me for hearing in the presence of Sri C. Raghunandan Raju, Advocate for petitioner/AO.1, Sri V. Raghuraman, Advocate for the petitioner/AO.2 and the learned Special Public Prosecutor for State and having heard him, this Court made the following :-

-: COMMON ORDER :-

Crl. M.P. No.11/2020 is the second bail petition of the petitioner/AO.1 and Crl. M.P. No.12/2020 is the first bail petition of the petitioner/AO.2, which are filed under Sec.437 of Cr. PC., in Cr. No.6/ACB/KNR/2020 of ACB, Karimnagar Range for the offence punishable under Sec.7 (a) of Prevention of Corruption Act, 1988, for their enlargement on bail.

2

2.It is apparent from the material on record that both the petitioners/AO.1 and AO.2 are working in the Office of Asst. Director, Drugs Control Administration, Karimnagar and they were remanded to judicial custody on 08.09.2020 in the above crime.

3.The allegations leveled against the petitioner/AO.1 are that he has demanded and accepted a bribe amount of Rs.20,000/- for renewing the licence of the defacto-complainant for his Medical Shop, namely, Sri Ganesh Medical and General Stores, situated at STD Tower, Huzurabad. It is alleged that the petitioner/AO.2 has also demanded and received a bribe amount of Rs.500/-, which was paid by the defacto-complainant. The bribe amount is stated to have been recovered from the possession of petitioners/AO.1 and AO.2 by the concerned ACB Officials by following the due procedure.

4.The learned counsel for the petitioner/AO.1 in Crl. M.P. No.11/2020 has submitted that the entire case of the investigating agency against the petitioner/AO.1 is fabricated, there is no prima facie proof of demand and acceptance of Rs.20,000/- by the petitioner/AO.1 and, no official favour was pending with him as alleged by the defacto-complainant, the mediators’ reports are all fabricated and the investigating agency intentionally is not getting Sec.164 Cr. PC. Statement of the defacto-complainant recorded with a view to deny bail to the petitioner/AO.1 and as the entire investigation is completed, except filing of Charge Sheet, taking into account the date of remand of the petitioner/AO.1 which is on 08.09.2020, he may be enlarged on bail on any conditions.

5.The learned counsel for the petitioner/AO.2 in Crl. M.P. No.12/2020 has submitted that there is no material on record to show that the petitioner/AO.2 has demanded the bribe amount of Rs.500/- from the defacto-complainant, the cash of Rs.500/- said to have been given by the defacto-complainant to the petitioner/AO.2 is from the personal cash of the defacto-complainant and not the tainted money and the petitioner/AO.2 is an Office Subordinate and innocent person, the investigating agency has failed to prove any demand of bribe amount by the petitioner/AO.2 and since no tainted money is recovered from his possession and not subjected to mandatory phenolphthalein test, the petitioner/AO.2, who has a permanent job and fixed abode, may be enlarged on bail on any conditions since there are no specific allegations of any demand made by him in the complaint lodged by the defacto-complainant.

6.The learned Special Public Prosecutor of ACB Karimnagar, while referring to the contents of the counters filed by her in these two petitions, submitted that the material so far collected by the investigating agency clearly proves the 3 demand and acceptance of bribe amount by the petitioner/AO.1 for doing the official favour of renewing the licence of his Medical Shop, the tainted money is also recovered from his possession, the demand of petitioner/AO.2 in a sum of Rs.500/- from the defacto-complainant is also proved and as the defacto- complainant is suffering with Corona and it is proposed to record his Sec.164 Cr. PC. Statement on 27.10.2020 and as some more documents are to be collected apart from recording the statements of some more witnesses, these petitions are liable to be dismissed.

7.Having heard the submissions of both sides and on a perusal of the material on record, the record discloses that the petitioners/AO.1 and AO.2 are remanded to judicial custody on 08.09.2020 on the allegations of demanding and accepting a bribe amount of Rs.20,000/- and Rs.500/- from the defacto- complainant respectively as illegal gratification other than legal remuneration for showing official favour to the defacto-complainant for renewal of licence of his Medical Shop by name Sri Ganesh Medical and General Stores, situated at STD Tower, Huzurabad. The Special Public Prosecutor has submitted that since the defacto-complainant is suffering from Covid-19, his 164 Cr. PC. Statement is to be recorded on 27.10.2020 and further submitted that some more witnesses are to be examined and some more documents have to be collected proving the complicity of these petitioners/AO.1 and AO.2. Therefore, in view of the serious nature of the allegations leveled against these petitioners/AO.1 and AO.2 and as further investigation is stated to be in progress, if these petitioners/AO.1 and AO.2 are enlarged on bail at this stage, the prospect of their interdicting the further course of investigation cannot be ruled out. For these reasons, these petitions are liable to be dismissed.

8.In the result, these petitions are dismissed.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by me in the open court on this the 20th day of October, 2020.

I-Addl. Sessions Judge, FAC : Spl. Judge for ACB & SPE Cases, Karimnagar. To

1. The Dy. Supdt. of Police, ACB, Karimnagar Range.

2. The Superintendent, District Jail, Karimnagar.

IN THE COURT OF SPECIAL JUDGE FOR ACB & SPE CASES

KARIMNAGAR

Present :- DR. S. SRINIVAS REDDY I-Addl. Sessions Judge, FAC : Special Judge for ACB & SPE Cases, Karimnagar.

Wednesday, the 21 stday of October, 2020

CRL. MISC. PETITION NO. 266 OF 2020

IN

CRL. MISC. PETITION NO. 9 OF 2020

IN

CR. NO. 3/RCT-CIU-ACB/HYD/2020

Between:- Thaja Vathu Kantha Rao, S/o late Cheena, aged 54 yrs., Occ : Electrical Inspector, Nizamabad Division, R/o Flat No.205, HVS Residency, Lingampally, Basanth Colony, Barkathpura, Hyderabad.

…Petitioner/AO.

And

The State of Telangana, CIU, ACB, Hyderabad represented by Special Public Prosecutor.

…Respondent/Complainant.

PETITION FILED UNDER SECTION: 439 (1) Cr.P.C.

FOR RELAXATION OF BAIL CONDITION

This petition coming before me on today for hearing in the presence of Sri B. Venateshwar Reddy, Advocate for petitioner/AO and the learned Special Public Prosecutor for State and having heard him, this Court made the following :-

ORDER

Heard both sides and perused the record, including the counter filed by the Spl. Public Prosecutor.

2.This Court by order, dt.28.07.2020 in Crl. M.P. No.9/2020 while enlarging the petitioner/AO on bail, imposed the following conditions :-

i)That the petitioner/AO shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two sureties each for like sum to the satisfaction of this Court. ii)That the petitioner/AO shall deposit his original passport before this Court and if he does not possess the passport, he shall file an affidavit to that effect in the Court within three days from the date of his release on bail. iii)That the petitioner/AO shall not leave the State of Telangana without prior permission of the Court. iv)That the petitioner/AO shall attend before the DSP, ACB, CIU, Hyderabad once in a week, i.e. on every Sunday in between 10.00 A.M. to 05.00 P.M., till filing of the Charge Sheet.

v)The petitioner/AO shall cooperate with the ACB Officials till completion of remaining investigation and shall not interfere in the 2 remaining part of investigation either directly or indirectly and if any such acts are reported to the Court by the ACB, the bail granted will be cancelled.

3.The learned counsel for the petitioner/AO has submitted that the condition of appearing before the DSP, ACB, CIU, Hyderabad on every Sunday imposed against the petitioner/AO between 10.00 A.M. to 05.00 P.M. till filing of the Charge Sheet is causing mental agony to the petitioner/AO and the petitioner/AO is also suffering from the effect of “Acute Ischaemic Stroke” and therefore, the said condition may be relaxed.

4.The learned Special Public Prosecutor of ACB Karimnagar has opposed the relief claimed in this petition by referring to the contents of the counter and contended that if the condition is relaxed, the petitioner/AO may not cooperate with the investigating agency and the investigation in this case may take a longer time.

5.Having regard to the submissions and on a perusal of the material on record, it is apparent that the investigating agency/respondent has not completed the investigation in this case even though the petitioner/AO is granted bail on 28.07.2020 as per the orders in Crl. M.P. No.9/2020. Since it is not disputed that the petitioner/AO is complying with the conditions as imposed above and the lapse of the period of about three months from 28.07.2020, if the said condition is relaxed to the extent of appearing before the D.S.P., ACB, CIU, Hyderabad on first Sunday of every month between 10.00 A.M. and 05.00 P.M., it would be in the interest of justice and would not cause any prejudice to the investigating agency.

6.Hence, this petition is allowed by relaxing the condition by ordering that the petitioner/AO shall appear before the DSP, ACB, CIU, Hyderabad on first Sunday of every month between 10.00 A.M. and 05.00 P.M., till filing of the Charge Sheet. The other conditions imposed in Crl. M.P. No.9/2020 by order, dt.28.07.2020 shall remain un-altered.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by me in the open court on this the 21st day of October, 2020.

I-Addl. Sessions Judge, FAC : Spl. Judge for ACB & SPE Cases, Karimnagar. To The Dy. Supdt. of Police, ACB, CIU, Hyderabad.

IN THE COURT OF SPECIAL JUDGE FOR ACB & SPE CASES

KARIMNAGAR

Present :- DR. S. SRINIVAS REDDY I-Addl. Sessions Judge, FAC : Special Judge for ACB & SPE Cases, Karimnagar.

Wednesday, the 21 stday of October, 2020

CRL. MISC. PETITION NO. 270 OF 2020

IN

CRL. MISC. PETITION NO. 995 OF 2019

IN

CR. NO. 04/ACB-ADB/2019

Between:- Sri Badam Venkatesh, S/o Narsaiah, aged 55 yrs., Deputy Superintendent (U/S), O/o the Manager, RK New Tech Mine, SCCL, Srirampur, R/o Qr. No.1925, Nagarjuna Colony, CCC Naspur, Mancherial District, native of Govind Centre, Yellandu, Khammam District.

…Petitioner/AO.

And

The State of Telangana, ACB, Adilabad.

…Respondent/Complainant.

PETITION FILED UNDER SECTION: 437 (3) Cr.P.C.

FOR RELAXATION OF BAIL CONDITION

This petition coming before me on today for hearing in the presence of Sri C. Raghunandan Raju, Advocate for petitioner/AO and the learned Special Public Prosecutor for State and having heard him, this Court made the following :-

ORDER

Heard both sides and perused the record, including the counter filed by the Spl. Public Prosecutor.

2.This Court by order, dt.30.12.2019 in Crl. M.P. No.995/2019 while enlarging the petitioner/AO on bail, imposed the following conditions :-

i)That the petitioner/AO shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two sureties each for like sum to the satisfaction of this Court. ii)That the petitioner/AO shall deposit his original passport before this Court and if he does not possess the passport, he shall file an affidavit to that effect in the Court within three days from the date of his release on bail. iii)That the petitioner/AO shall not leave the State of Telangana without prior permission of the Court. iv)That the petitioner/AO shall attend before the DSP, ACB, Karimnagar Range once in a week, i.e. on every Sunday in between 10.00 A.M. to 05.00 P.M., till filing of the Charge Sheet.

v)The petitioner/AO shall cooperate with the ACB Officials till completion of remaining investigation and shall not interfere in the 2 remaining part of investigation either directly or indirectly and if any such acts are reported to the Court by the ACB, the bail will be cancelled.

3.The learned counsel for the petitioner/AO has submitted that the condition of appearing before the DSP, ACB, Adilabad Range on every Sunday imposed against the petitioner/AO between 10.00 A.M. to 05.00 P.M. till filing of the Charge Sheet is causing hardship to the petitioner/AO, the Charge Sheet is not filed even after completion of (60) days and therefore, the said condition may be relaxed.

4.The learned Special Public Prosecutor of ACB Karimnagar has opposed the relief claimed in this petition by referring to the contents of the counter and contended that if the condition is relaxed, the petitioner/AO may not cooperate with the investigating agency.

5.Having regard to the submissions and on a perusal of the material on record, it is apparent that the investigating agency/respondent has not completed the investigation in this case even though the petitioner/AO is granted bail on 30.12.2019 as per the orders in Crl. M.P. No.995/2019. Since it is not disputed that the petitioner/AO is complying with the conditions as imposed above, taking into account the Covid-19 situation and the lapse of the period of about ten months from 30.12.2019, if the said condition is relaxed to the extent of appearing before the D.S.P., ACB, Adilabad Range on first Sunday of every month between 10.00 A.M. and 05.00 P.M., it would be in the interest of justice and would not cause any prejudice to the investigating agency.

6.Hence, this petition is allowed by relaxing the condition by ordering that the petitioner/AO shall appear before the DSP, ACB, Adilabad Range on first Sunday of every month between 10.00 A.M. and 05.00 P.M., till filing of the Charge Sheet. The other conditions imposed in Crl. M.P. No.995/2019 by order, dt.30.12.2019 shall remain un-altered.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by me in the open court on this the 21st day of October, 2020.

I-Addl. Sessions Judge, FAC : Spl. Judge for ACB & SPE Cases, Karimnagar. To The Dy. Supdt. of Police, ACB, Adilabad Range.

IN THE COURT OF THE SPL. JUDGE FOR TRIAL OF SPE & ACB CASES

AT KARIMNAGAR.

PRESENT:- SRI S.SRINIVAS REDDY,

I-Addl. Sessions Judge,

FAC:Special Judge

for trial of SPE & ACB cases,

K A R I M N A G A R.

C.C No.161 of 2015

BETWEEN:-

The State through Anti-corruption Bureau, Karimnagar Range, Karimnagar.

...complainant

AND

Sri Sabbani Srinivas, S/o. Papaiah, age 35 yrs, Village Revenue Officer of Thirumalapur (V) r/o H.No. 7-36/-, Pudur village of Kodimial mandal N/o H.No. 16-3-121, LB Nagar, Godavarikhani, Karimangar district.

…Accused Officer

Offence U/Sec. 7 & 13(1)(d) R/W 13(2) of Prevention of Corruption Act, 1988.

DOCKET ORDER, Dt.19.10.2020

The Spl. P.P has attested the memo filed on 07.10.2020.

Heard the counsel for the accused also who stated that the accused died on 09.08.2020.

Having heard both sides and in view of the death certificate of the accused, by recording the said memo. This case is closed as abated due to the death of the accused.

Spl. Judge for Trial of SPE & ACB Cases, Karimnagar