Annavarapu Venkata Harihara Prasad v. The State Of Andhra Pradesh

arguments of SRI NAGA RAJU KOLLATI Advocate for the petlt,Oners, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following APHCO10248332025 LiEEiE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl [3521] (Special Original Jurisdiction) THURSDAY,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5257/2025 Betwee n : Annavarapu Venkata Harihara Prasad and ...PETITIONER/ACCUSED(S) Others The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT AND Counsel for the Petitioner/accused(S):

1. NAGA RAJU KOLLATl Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioners/Accused Nos.1 to 3 on bail in Cr.No.63 of 2025 of Mandapeta Town Police Station, Dr.B.R.Ambedkar Konaseema District, registered against the petitioners/Accused Nos.1 to 3 herein for the offence punishable unrh- eecti;n 318 (4) of the a--| I Bharatiya Nyaya Sanhita,_2023 (for brevity {the BNS'), Section 66-D of the Information Technology Act, 2000.

2. The case of the prosecution, in a nutshell, isthat on 03.03.2025, at about 21:45 hours, the complainant, Nagarapu Jyothirmai, aged 27 years, a UPSC aspirant and resident of Mandapeta Town, lodged a complaint stating that she was introduced to the alleged fraudsters through a WhatsApp group named TRG Financial Academy, which offered financI-al investment classes. ln December 2024, they convinced her to download an application named "Axis Bank Securities," which appeared to be SEBl-registered and legitimate. She initially invested an amount of Rs. 35,00,000/-starting from 23rd December 2024, along with additional amounts for lPO subscriptions, paying Rs.1,00,000/-for each lPO in late December. Following her investments, the accused demanded various additional payments, including alleged tax amounts, citing errors in transaction amounts. Eventually, her account was frozen on the pretext of incorrect bank details, and further payments were demanded, including Rs. 9,88,000/-on 9th January. On each occasion, she complied and made the requested payments, amounting in total to Rs. 621001000/-.

3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. t -.-`

4. Sri Naga Raju Kollati,-i.he learned counsel for the petitioners submits that the petitioners have not committed any offences;the petitioners would abide by any conditions {o be imposed by this Court; and urged {o allow the petition.

5. Per confra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition.

6. As seen from the record, the petit-IOnerS/Accused Nos.1 to 3 have been in the judicial custody for the past 55 days.

7. ln view of the nature and gravity of the allegations levelled against the petitioners/Accused Nos.1 and 2, this Court is not inclined to enlarge the petitioners/Accused Nos.1 and 2 on bail. Hence, the petition in respect of the petitioners/Accused Nos.1 and 2 is dismissed. However, taking into consideration, the nature and gravity of the allegations levelled against the petitioner/Accused No.3, this Court is inclined to enlarge the petitioner/Accused No.3 on bail.

8. In the result, the criminal petition is parfly allowed with the following stringent conditions: €--_i.-__-`_TL I 4 I The petI{lOner/Accused No3 sha" be enlarged on ball sub,ect [o he executlng a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), wJth two suretJeS each for the I,ke sum~each to the satl'sfactI~On of the learned Judlc,al First class Magistrate, Alamuru. "I. The petltJOner/Accused No 3 sha" appear before the statlon House offlcer, Mandapeta Town po'jce statJOn, Dr B R.Ambedkar Konaseema DIStrJCt, on every saturday ln between 10.00 am and o5 00 pm, tlll cogn,zance I~S taken by the learned the Trial court. "i. The petjtIOner/Accused No 3 sha" not leave the llmltS Of the Dlstrlct wlthout prlor perm,ss,on from the learned Judlclal First class MagI-Strafe, AIamuru. lv The petltIOner/Accused No3 sha" not commlt or indulge l'n commjssI-On of any offence I-n future. v The pe[It,'Oner/Accused No 3 she" cooperate wlth the I'nVestlgatlng officer ,n further lnvestlgat,on of the case and sha" make hlmself ava['able for lnterrogatl'on by the lnvestI'gatl-ng offl|cer as and when required. vl The petltIOner/Accused No3 sha" not, dl'rectly or Jndjrectly, make any I-nducement, threat or person acquajGn{eg With the facts of/the PrOml-se to any Case so as to SD/-M.SRINIVAS ASSISTANT SECHON I -iL / \` . f/ To'1. The XH Additional Sessions Judge, Visakhapatnam, Visakhapatnam //TRUE COPY// Fo- District

2. The Judicial First Class Magistrate, Alamuru, East Godavari District

3. The Superintendent, Central Prison, Rajahmundry, East Godavari District

4. The Station House Officer, Mandapeta Town Police Station, Dr. B.R` Ambekar Konaseema District

5. One CC to SRl. NAGA RAJU KOLLATI Advocate [OPUC]

6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]

7. One spare copy HIGH COURT DR.YLR,J DATED..29/05/2025 BAIL ORDER CRLP.No.5257 of 2025 ALLOWED =¥;.`¥-ias