(1.) This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A3 in the event of his arrest in connection with Crime No.523 of 2020 of Bommuru Police Station, East Godavari District registered for the offences punishable under Sections 408 and 420 read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C.').
(2.) The case of prosecution is that one Pavan Kumar who is A1 was taken into custody for illegal transportation of sand on 27.06.2020 near O point, Gamon Bridge road, Diwancheruvu Village, Rajanagaram Mandal at around 5:30 P.M. On enquiry A1 confessed in his statement that the sand bulk orders were booked in the name of A2 GST and the petitioner/A3 suggested his friend at Vijayawada that private Sand Bulk Orders are being sanctioned at District level. He further confessed that A2 informed A9 who is from Kakinada and friend of A2 about the new private bulk orders system and asked to book sand bulk orders at Kakinada on his GST. On that A9 has uploaded GST for sanction of Rs.15,000/- MTs of sand bulk orders on 3 different fake delivery addresses with fake work order names to deliver the sand in Kakinada. Out of the sanctioned 8,300 MTS quantity, the GST holder/A2 sold six bulk orders worth 2900 MTs and A3 i.e. the petitioner herein sold 3 bulk orders worth 1450 MTS to A8. In turn A8 has sold the said (9) bulk orders to two persons i.e. A5 and A6. Accordingly A1 to A21 have indulged in illegal transportation of sand. Basing on the above confession, the name of the petitioner is arrayed as A3.
(3.) Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioner and the learned Public Prosecutor for the respondentState.