M Govinda Raju vs The State Of Andhra Pradesh on 17 July, 2026

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    Andhra Pradesh High Court – Amravati

    M Govinda Raju vs The State Of Andhra Pradesh on 17 July, 2026

    APHC010346912026
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                 [3521]
                              (Special Original Jurisdiction)
    
                       FRIDAY, THE 17th DAY OF JULY 2026
                                   PRESENT
              THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
          CRIMINAL PETITION NOS: 5570/2026, 5571/2026 & 5572/2026
    Crl.P.No.5570/2026:
    Between:
      1. M GOVINDA RAJU, S/O PARASU RAMAIAH,AGED ABOUT 61
         YEARS, OCC PANEL VALUER,FLAT NO.401, 4TH FLOOR, D.NO.2-1-
         16/1, SVR PLAZA,J.P. ROAD, BHIMAVARAM, WEST GODAVARI
         DISTRICT - 534202.
                                                 ...PETITIONER/ACCUSED
                                     AND
      1. THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor,High
         Court of A.P., Amaravati - 522020.
                                           ...RESPONDENT/COMPLAINANT
    Counsel for the Petitioner/accused:
      1. BILAAL AHMED SYED
    Counsel for the Respondent/complainant:
      1. PUBLIC PROSECUTOR
    Crl.P.No.5571/2026:
    Between:
      1. M GOVINDA RAJU, , S/O PARASU RAMAIAH,AGED ABOUT 61
         YEARS, OCC PANEL VALUER,FLAT NO.401, 4TH FLOOR, D.NO.2-1-
         16/1, SVR PLAZA,J.P. ROAD, BHIMAVARAM, WEST GODAVARI
         DISTRICT - 534202.
                                                 ...PETITIONER/ACCUSED
                                            2
    
    
                                         AND
       1. THE STATE OF ANDHRA PRADESH, ,rep.                     by    its   Public
          Prosecutor,High Court of A.P., Amaravati - 522020.
                                               ...RESPONDENT/COMPLAINANT
    Counsel for the Petitioner/accused:
       1. BILAAL AHMED SYED
    Counsel for the Respondent/complainant:
       1. PUBLIC PROSECUTOR
    Crl.P.No.5572/2026:
    Between:
       1. M GOVINDA RAJU, S/O PARASU RAMAIAH,AGED ABOUT 61
          YEARS, OCC PANEL VALUER,FLAT NO.401, 4TH FLOOR, D.NO.2-1-
          16/1, SVR PLAZA,J.P. ROAD, BHIMAVARAM, WEST GODAVARI
          DISTRICT - 534202.
                                                       ...PETITIONER/ACCUSED
                                         AND
       1. THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor,High
          Court of A.P., Amaravati - 522020.
                                               ...RESPONDENT/COMPLAINANT
    Counsel for the Petitioner/accused:
       1. BILAAL AHMED SYED
    Counsel for the Respondent/complainant:
       1. PUBLIC PROSECUTOR
    The Court made the following:
    COMMON ORDER:

    These three Criminal Petitions are heard together and are being

    disposed of by this common order, as the Petitioner is common in all petitions,

    SPONSORED

    though the crimes registered against him are different.
    3

    2. The Criminal Petition No.5570 of 2026 has been filed under Section 482

    of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by

    the Petitioner/Accused No.6 for granting of pre-arrest bail in connection with

    Crime No.28 of 2022 on the file of CID Police Station, Mangalagiri, Guntur

    District, registered for the alleged offences punishable under Sections 420,

    403, 409 read with 120-B of the Indian Penal Code, 1860 (for brevity ‘the

    I.P.C.,’) and Section 13(2) of Prevention of Corruption Act, 1988 (for brevity,

    ‘the P.C Act‘).

    3. The Criminal Petition No.5571 of 2026 has been filed under Section 482

    of ‘the BNSS’ by the Petitioner/Accused No.7 for granting of pre-arrest bail in

    connection with Crime No.24 of 2022 on the file of CID Police Station,

    Mangalagiri, Guntur District, registered for the alleged offences punishable

    under Sections 420, 403, 409 read with 120-B of ‘the I.P.C.,’ and Section 13(2)

    of ‘the P.C Act‘.

    4. The Criminal Petition No.5572 of 2026 has been filed under Section 482

    of ‘the BNSS’ by the Petitioner/Accused No.4 for granting of pre-arrest bail in

    connection with Crime No.27 of 2022 on the file of CID Police Station,

    Mangalagiri, Guntur District, registered for the alleged offences punishable

    under Sections 420, 403, 409 read with 120-B of ‘the I.P.C.,’ and Section 13(2)

    of ‘the P.C Act‘.

    5. Heard the learned Counsel for the Petitioner and the learned Assistant

    Public Prosecutor. Perused the record.

    4

    6. Sri Bilaal Ahmed Syed, learned Counsel for the Petitioner submits that

    the Petitioner has been falsely implicated merely on account of his

    empanelment as a panel valuer with the State Bank of India, the only

    allegation against him being the submission of valuation report dated

    22.03.2019. Except for this solitary act, there is no material to suggest his

    involvement in sanction, disbursement, diversion or utilization of loan

    proceeds, which allegations are directed exclusively against the borrower and

    bank officials. The FIR is bereft of foundational facts, and the imputation that

    one property was treated as two or that photographs were incorrect is a bald

    assertion incapable of constituting offences under Sections 420, 409 or 120‑B

    of ‘the I.P.C.,’ absent dishonest intention or entrustment of property. The

    Petitioner, a senior citizen aged 61 years under medical supervision for

    cataract surgery, has deep roots in society, unblemished antecedents, and

    undertakes to cooperate fully with the investigation. Hence, it is urged that this

    Court may be pleased to enlarge the Petitioner on anticipatory bail in the

    event of arrest.

    7. Per contra, Mr. K.Sandeep, the learned Assistant Public Prosecutor

    vehemently opposed anticipatory bail, contending that without approaching

    the learned Sessions Judge of first instance, the Petitioner filed Criminal

    Petition directly before this Court, such procedure is contrary to the order of

    the Hon’ble Apex Court in Mohd. Rasal C. v. State of Kerala1 and it is urged

    to dismiss the Criminal Petition.

    1
    2025 SCC OnLine SC 2728
    5

    8. Thoughtful consideration is bestowed on the arguments advanced by

    the learned Counsel for the Petitioner and the learned Assistant Public

    Prosecutor. I have perused the entire records.

    9. In the light of the case of the prosecution and the contentions of the

    learned Counsels for the Petitioner and the learned Assistant Public

    Prosecutor, now the point for consideration is:

    “Whether the Petitioner is entitled for grant of pre-arrest bail?”

    10. The de-facto complainant alleged that the Petitioner has committed

    offences of criminal breach of trust and cheating. The Hon’ble Apex Court in

    Delhi Race Club (1940) Ltd. v. State of U.P.,2 at paragraph Nos.44 & 49 held

    as under:

    “44. At the most, the Court of the Additional Chief Judicial Magistrate could
    have issued process for the offence punishable under Section 420IPC i.e.
    cheating but in any circumstances no case of criminal breach of trust is
    made out. The reason being that indisputably there is no entrustment of
    any property in the case at hand. It is not even the case of the complainant
    that any property was lawfully entrusted to the appellants and that the same
    has been dishonestly misappropriated. The case of the complainant is plain
    and simple. He says that the price of the goods sold by him has not been
    paid. Once there is a sale, Section 406IPC goes out of picture. According to
    the complainant, the invoices raised by him were not cleared. No case
    worth the name of cheating is also made out.

    49. From the aforesaid, there is no manner of any doubt whatsoever that in
    case of sale of goods, the property passes to the purchaser from the seller
    when the goods are delivered. Once the property in the goods passes to
    the purchaser, it cannot be said that the purchaser was entrusted with the
    property of the seller. Without entrustment of property, there cannot be any
    criminal breach of trust. Thus, prosecution of cases on charge of criminal
    breach of trust, for failure to pay the consideration amount in case of sale of
    goods is flawed to the core. There can be civil remedy for the non-payment
    of the consideration amount, but no criminal case will be maintainable for it.
    [See : Lalit Chaturvedi v. State of U.P. [Lalit Chaturvedi v. State of U.P.,
    (2024) 12 SCC 483 : 2024 SCC OnLine SC 171] and Mideast Integrated
    Steels Ltd. v. State of Jharkhand [Mideast Integrated Steels Ltd. v. State of
    Jharkhand, 2023 SCC OnLineJhar 301″

    2

    (2024) 10 SCC 690
    6

    11. The Hon’ble Apex Court in Arshad Neyaz Khan v. State of

    Jharkhand3, at paragraph No.21 held as under:

    “21. Furthermore, it is pertinent to mention that if it is the case of the
    complainant/respondent No. 2 that the offence of criminal breach of trust as
    defined under Section 405 IPC, punishable under Section 406 IPC, is
    committed by the accused, then in the same breath it cannot be said that the
    accused has also committed the offence of cheating as defined in Section
    415, punishable under Section 420 IPC. This Court in Delhi Race Club
    (1940) Limited v. State of Uttar Pradesh
    , (2024) 10 SCC 690 observed that
    there is a distinction between criminal breach of trust and cheating. For
    cheating, criminal intention is necessary at the time of making false or
    misleading representation i.e. since inception. In criminal breach of trust,
    mere proof of entrustment is sufficient. Thus, in case of criminal breach of
    trust, the offender is lawfully entrusted with the property, and he dishonestly
    misappropriates the same. Whereas, in case of cheating, the offender
    fraudulently or dishonestly induces a person by deceiving him to deliver a
    property. In such a situation, both offences cannot co-exist simultaneously.

    Consequently, the complaint cannot contain both the offences that are
    independent and distinct. The said offences cannot co-exist simultaneously
    in the same set of facts as they are antithetical to each other.”

    12. Section 406 of ‘the I.P.C.,’ deals with criminal breach of trust, which

    presupposes lawful entrustment of property followed by dishonest

    misappropriation or conversion. In contrast, Section 420 of ‘the I.P.C.,’

    addresses cheating and dishonestly inducing delivery of property, which

    requires deception at the inception of the transaction. Thus, while Section 406

    of ‘the I.P.C.,’ arises from a breach of an existing fiduciary relationship, Section

    420 of ‘the I.P.C.,’ is predicated upon fraudulent inducement at the very outset.

    The two offences, therefore, operate in distinct spheres.

    13. As seen from the record, Petitioner was arraigned as Accused No.4 and

    had not approached the learned Sessions Judge concerned at the first

    instance for grant of pre-arrest bail. Filing of anticipatory bail without

    approaching the learned Sessions Judge concerned is contrary to the order of

    3
    2025 SCC OnLine SC 2058
    7

    the Hon’ble Apex Court in Mohammed Rasal.C supra wherein at paragraph

    Nos.7, 8 and 9 it was held as follows:

    “7. The Sessions Judge exercises powers under Section 438 Cr.P.C
    in relation to all cases registered with the police stations in the
    particular District. This area-wise distribution of work would make it
    much more convenient and facilitate expeditious disposal, if the
    application for pre-arrest bail is first filed before the Sessions Court
    which would have a direct and first-hand assistance of the concerned
    Public Prosecutor appointed for that particular District. The Sessions
    Court would also have an immediate access to the Case Diary
    thereby facilitating a better appreciation of facts of the case.

    8. We further feel that if the practice of entertaining the applications
    for pre-arrest bail directly in the High Court is encouraged, and the
    parties concerned are not relegated to first approach the Sessions
    Court concerned, the High Court would be flooded with a spate of
    pre-arrest bail applications thereby creating a chaotic situation. We
    say so, because if the parties are required to approach the Sessions
    Court concerned for seeking remedy of prearrest bail, there is a
    strong probability that significant number of applications would be
    allowed at that level only thereby acting as a filtration process before
    the process reaches the High Court.

    9. It is trite that in most of the States, there is a consistent practice
    requiring the litigant concerned to first approach the Sessions Court
    for seeking relief of pre-arrest bail and only in the event of denial of
    such relief, the litigant would be granted access to approach the High
    Court for seeking such relief. This is, of course, subject to just
    exceptions and the High Court, for reasons to be recorded, may
    entertain an application for pre-arrest bail directly in special/
    extraordinary circumstances.”

    14. In Jagdeo Prasad v. State of Bihar4, the Hon’ble Apex Court held at

    para No. 6 as under:

    “6. However, before parting, we do wish to express our sincere
    concern with the haste at which the High Court has dealt with this
    matter. While the scheme of Criminal Procedure Code, 1973 (now
    Bharatiya Nagarik Suraksha Sanhita, 2023) provides concurrent
    jurisdiction to the High Court and Sessions Court for entertaining
    applications for anticipatory bail, this Court has time and again
    observed that High Court should always encourage exhausting an
    alternative/concurrent remedy before directly interfering itself. This
    approach balances the interests of all the stakeholders, first by giving
    the aggrieved party a round of challenge before the High Court.
    Second, this approach provides the High Court an opportunity to
    assess the judicial perspective so applied by the Sessions Court, in
    concurrent jurisdiction, instead of independently applying its mind
    from the first go. Further, the High Court fails to record any reason for
    directly granting anticipatory bail without impleading the appellant-
    complainant as a party.”

    4

    2025 SCC OnLine SC 2108
    8

    15. Albeit, this Court has got concurrent jurisdiction under Section 482 of

    ‘the BNSS’, such discretionary relief would only be granted, when the

    Petitioner establish a special or extra ordinary circumstance. As seen from the

    averments, the Petitioner neither established a special circumstances nor

    extra-ordinary circumstance.

    16. As seen from the record, the alleged offences levelled against the

    Petitioner/Accused is punishable with imprisonment for less than seven (07)

    years.

    17. Further, the Hon’ble Supreme Court, in Satender Kumar Antil v.

    Central Bureau of Investigation5, wherein at paragraph No.33, it is held as

    under:

    “33. On the basis of the interpretation given by us, we conclude
    as follows:

    a. An arrest by a police officer is a mere statutory discretion
    which facilitates him to conduct proper investigation, in the form
    of collection of evidence and, therefore, shall not be termed as
    mandatory.

    b. Consequently, the police officer shall ask himself the question
    as to whether an arrest is a necessity or not, before undertaking
    the said exercise.

    c. For effecting an arrest, qua an offence punishable with
    imprisonment up to 7 years, the mandate of Section 35(1)(b)(i) of
    the BNSS, 2023 along with any one of the conditions mentioned
    in Section 35(1)(b)(ii) of the BNSS, 2023 must be in existence.
    d. A notice under Section 35(3) of the BNSS, 2023 to an accused
    or any individual concerned, qua offences punishable with
    imprisonment up to 7 years, is the rule.

    e. Even if the circumstances warranting an arrest of a person are
    available in terms of the conditions mentioned under Section
    35(1)(b) of the BNSS, 2023, the arrest shall not be undertaken,
    unless it absolutely warranted.

    f. Power of arrest under Section 35(6) read with Section 35(1)(b)
    of the BNSS, 2023, pursuant to a notice issued under Section
    35(3) of the BNSS, 2023 is not a matter of routine, but an
    exception, and the police officer is expected to be circumspect
    and slow in exercising the said power.”

    5Special Leave Petition (Crl.) No.5191 of 2021, dated 15.01.2026
    9

    18. Furthermore, in this regard, it is apposite to mention the Hon’ble Apex

    Court in Arnesh Kumar v. State of Bihar 6 , wherein a detailed guidelines

    were issued at Para Nos.11 and 12, for arresting a person, which are being

    reproduced herein below:-

    “11. Our endeavor in this judgment is to ensure that police officers do
    not arrest accused unnecessarily and Magistrate do not authorize
    detention casually and mechanically. In order to ensure what we have
    observed above, we give the following direction:

    a).All the State Governments to instruct its police officers not to
    automatically arrest when a case under Section 498-A of the IPC is
    registered but to satisfy themselves about the necessity for arrest
    under the parameters laid down above flowing from Section 41 Code
    of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’);

    b) All police officers be provided with a check list containing
    specified sub- clauses under Section 41(1)(b)(ii);

    c) The police officer shall forward the check list duly filed and furnish
    the reasons and materials which necessitated the arrest, while
    forwarding/producing the accused before the Magistrate for further
    detention;

    d) The Magistrate while authorizing detention of the accused shall
    peruse the report furnished by the police officer in terms aforesaid
    and only after recording its satisfaction, the Magistrate will authorize
    detention;

    e) The decision not to arrest an accused, be forwarded to the
    Magistrate within two weeks from the date of the institution of the
    case with a copy to the Magistrate which may be extended by the
    Superintendent of police of the district for the reasons to be recorded
    in writing;

    f) Notice of appearance in terms of Section 41-A of Cr.P.C be served
    on the accused within two weeks from the date of institution of the
    case, which may be extended by the Superintendent of Police of the
    District for the reasons to be recorded in writing;

    g) Failure to comply with the directions aforesaid shall apart from
    rendering the police officers concerned liable for departmental action,
    he shall also be liable to be punished for contempt of court to be
    instituted before High Court having territorial jurisdiction.

    h) Authorizing detention without recording reasons as aforesaid by
    the judicial Magistrate concerned shall be liable for departmental
    action by the appropriate High Court.

    12. We hasten to add that the directions aforesaid shall not only apply
    to the cases under Section 498-A of the I.P.C. or Section 4 of the
    Dowry Prohibition Act, the case in hand, but also such cases where
    offence is punishable with imprisonment for a term which may be less
    than seven years or which may extend to seven years; whether with
    or without fine.”

    6(2014) 8 SCC 273
    10

    19. The similar view is also reiterated by the Hon’ble Apex Court in

    Md.Asfak Alam supra, which also reiterated the guidelines laid down in the

    case of Arnesh Kumar.

    20. In the light of the law laid down in the case of Satender Kumar Antil,

    Arnesh Kumar andMd. Asfak Alam, the investigating officer is under legal

    obligation to proceed in accordance with law, but he shall follow the procedure

    prescribed under Sections 41 and 41(A) of ‘the Cr.P.C.,’ (now Sections 35 and

    35(3) of ‘the B.N.S.S.,’ 2023). The Petitioner is obliged to render his fullest

    cooperation in the ongoing investigation.

    21. In the result, the Criminal Petitions are disposed of directing the

    Investigating Officer to comply with Section 35(3) of ‘the BNSS’/41-A of ‘the

    Cr.P.C.,’ and to strictly follow the directions issued in the cases of Satender

    Kumar Antil, Arnesh Kumar and MD.Asfak Alam. If it is noticed in the

    course of investigation that the Petitioner has committed any offence which is

    punishable with imprisonment beyond seven years, the Investigating Officer is

    at liberty to proceed in accordance with law.

    As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

    _________________________
    DR. Y. LAKSHMANA RAO, J
    Date: 17.07.2026
    PRA

    Whether the order is :

    Speaking Yes/No / Reasoned Yes/No
    Reportable Yes/No / Non-Reportable Yes/No
    11

    81
    THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

    CRIMINAL PETITION Nos.5570, 5571 & 5572 of 2026

    Date: 17.07.2026

    PRA



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