The Andhra Pradesh High Court in the case of Namarla Satyanarayana Vs The State of Andhra Pradesh granted anticipatory bail to the customs officer accused of maintaining dual identity.
The bench of Justice Dr. V.R.K.Krupa Sagar has observed that the dual identity of the accused is not a new discovery. On 04.02.2021 the department served a charge memorandum and articles of charges were served on the accused wherein this dual identity was referred to in detail. In that view of the matter, one could say more than three years delay in moving the criminal machinery.
The bench while granting the anticipatory bail noted that the allegations are about creation of false caste identity and false 10th class certificates. What he had allegedly created are already available. Therefore, there is nothing for him now to tamper with. According to the prosecution, measures were initiated to secure the relevant information and documents from appropriate authorities to sustain the prosecution case. All those authorities are Government Officers and the arrest or no arrest of this accused has no bearing on those Government Officers. Therefore, tampering with witnesses cannot be the cause of concern.
The bench found that the accused/petitioner has been in service and stated to be aged about 57 years. It has never been the apprehension of the respondent/department that he would make himself unavailable for investigation and would abscond. It is a matter of record that concerning his caste identity he has been fighting the litigation for several years. In such circumstances, it is clear that it is not a case of flight risk.
The petitioner/accused sought the anticipatory bail in connection with Crime No.RC0362024A0025 of 2024 of CBI, ACB, Visakhapatnam Branch, Visakhapatnam District, registered for the offences punishable under Sections 420, 468 and 471 of I.P.C. and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947.
The petitioner is a law-abiding citizen and all the allegations made against the petitioner are false and baseless. The petitioner herein has been working in the customs department for the past 37 years and has made his way to the present post through sheer hard work and efforts.
The allegations in the complaint are baseless and lack any evidence to support them. The petitioner was implicated in this case without any grounds or justification. The present complaint is lodged solely to harass the petitioner as a part of seeking personal vendetta.
The petitioner herein is being falsely implicated and furthermore, none of the allegations in the complaint disclose as to why the jurisdiction of the respondent police is invoked and the same is merely with an oblique motive. The petitioner herein had never done act which is in contravention of the law and none of the allegations satisfy the ingredients necessary to register the instant complaint and to further invoke the Provisions of the Prevention of Corruption Act.
The petitioner submitted that filing of complaint after long lapse of time clearly indicates that the criminal proceedings are maliciously instituted with an ulterior motive for wreaking vengeance on the petitioner. The same is not tenable.
The court noted that it is difficult to think that procuring employment by using alleged false identity certificates amounted to criminal misconduct. One who by illegal means may have obtained public employment. That act may be an offence. However, after becoming a public servant it cannot be said that as a public servant there is criminal misconduct on his part for having procured employment on alleged false certificates.
The court while allowing the petition directed the petitioner to join the investigation. In the event of arrest of the petitioner herein/accused, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.30,000 with two sureties for a like sum each to the satisfaction of the concerned investigating officer.
Case Details
Case Title: Namarla Satyanarayana Vs The State of Andhra Pradesh
Case No.: Criminal Petition No.7787 Of 2024
Date: 6/11/2024
Counsel For Petitioner: N.Ashwani Kumar
Counsel For Respondent: P.S.P.Suresh Kumar
