ELEMALA RAJESH SAMSON Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A.1 in the event of his arrest in connection with Crime No.56 of 2019 of Narasapuram Rural Police Station, West Godavari District, registered for the offences punishable under Ss. 408, 408, 465, 468, 420 and 477 (A) IPC read with 34 of the Indian Penal Code, 1860 (for short "I.P.C.').

(2.) The case of prosecution is that a private complaint is lodged stating that the de facto complainant was the Chairman of M/s. Bethesda Hospital Trust, Narasapuram and other educational institutions. The petitioner/A.1 was worked as Project Coordinator from 2009 to 2013 and thereafter promoted as Business Manager and worked as such till June, 2016. It is alleged that during his tenure, the petitioner/A.1 had been looking after the deposits and withdrawals of amount from bank accounts and he mischievously diverted the donations sent to Bethesda Hospital trust to his personal accounts and misappropriated the amounts and after having knowledge about the offence, on questioning, the petitioner/A.1 wrote a letter on 10/6/2016 admitting misappropriation of funds to a tune of Rs.25,00,000.00 and the petitioner/A.1 with the active assistance and cooperation of A.2 misappropriated the funds to a tune of Rs.86,44,360.00. Basing on the said complaint, the present crime is registered.

(3.) Heard Sri Penumaka Venkata Rao, learned counsel for the petitioner and the learned Public Prosecutor for the respondent- State.