Shah Dharmendrabhai Vinodbhai v. The State of Andhra Pradesh

The State of Andhra Pradesh, Rep. by its Public Prosecutor, thru Cyber Crime Police Station Visakhapatnam City High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant Petition under Section 480 & 483 of BNSS., is filed praying that in the, circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the petitioner/A-13 on bail in Cr.No. 53/2025 under section 108, 308(2), 319(2), 318(4),79,351 (2) of B N.S and 66-C, 66-0,, 66-A of Information Technology Act 2000. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri. KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: 5 2 Dr. YLh Cr!.P.No.8117of202^ Dated 12.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No. 13 on bail in Cr,No.53 of 2025 of Cyber Crim>e Police Station, Visakhapatnam Commissionerate, registered against the petitioner/Accused No. 13 herein for the offences punishable under Sections 108, 308 (2), 319 (2), 318 (4), 79, 351 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 66, 66-C, 66-D, 67-A of the information Technology Act, 2000.

#2. Facts of the case, in brief, are that on 07.12.2024, the de-facto complainant received a WhatsApp mobile number +639510912260 and the person spoke in English and Hindi language that, her husband taken Rs.2000/- loan through online app and sent few obscene morphed photos of her and her husband. On that, the de-facto complainant paid an amount of Rs.2,000/- through Phone Pe to the said mobile number. Further, she gone to duty at Simhadri Hospital, later, while she was present at the Hospital, her brother-in-law contacted her phone and informed that, her husband died due to hanging himself with a 3 Dr. YLR, J Crl.P.No.8117 of2025 Dated 12.08.2025 their room. On that information, de-facto complainant immediately rushed to her house at about 20:00 hours and broke open the doors and shifted her husband to KG Hospital, Visakhapatnam and the doctors informed that her husband was brought dead. Hence, a case was registered.

#3. Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice.

#4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing. it is urged that the petition be dismissed. -mr 4 Dr. YLh Crl.P.No.8117of202b. Dated 12.08.2025

#5. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

#6. As seen from the record, the petitioner was arrested on 22.05.2025 that is about 82 days ago from this day. The allegation against the petitioner is that he had indulged in online transaction of the money by luring or cheating the gullible public and extorted money from them by resorting various methods including morphing of photos with obscene photos. The Investigating Officer has not filed charge sheet in this case. The petitioner, as observed supra, has been in the judicial custody for the past 82 days. This Court in Crl.P.No.5755 of 2025 on 25.06.2025 enlarged the Accused Nos. 14 and 15 on bail and the learned Single Judge of this Court in Cri.P.No.4355 of 2025 enlarged the Accused No.6 on bail and this Court in Crl.P.No.5475 of 2025 on 29.05.2025 enlarged the Accused No.12 on bail.

#7. Considering the nature of allegations levelled against the petitioner, his alleged role played in this case, stage of the investigation and the period of detention he has been undergoing, this Court deems it fit to enlarge the petitioner on bail with the following stringent conditions: I. The petitioner/Accused No. 13 shall be enlarged on bail subject to he executing bond for a sum of Rs.50,000/- (Rupees fiftyJhousand only), with two sureties for the like 5 Dr. YLR, J Crl.P.No.8117 of2025 Dated 12.08.2025 sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam. li. The petitioner/Accused No. 13 shall appear before Station House Officer, Cyber Crime Police Station, Visakhapatnam Commissionerate, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. The petitioner/Accused No. 13 shall not leave the limits of the District without prior permission from the learned Chief Judicial Magistrate, Visakhapatnam. IV. The petitioner/Accused No. 13 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No. 13 shall cooperate with investigating officer in further investigation of the case and shall make himself available interrogation investigating officer as and when required. Vi. The petitioner/Accused No. 13 shall not, directly or indirectly, make any inducement, threat promise to any person acquainted withthe facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 6 Dr. YLh, Crt.P.No.8117of202b Dated 12.08.2025 VI!. The petitioner/Accused No. 13 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer.

#8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/- K.SRINIVASA RAJU ASSISTANT^GISTRAR SECTION OFFICER To,

#1. The Chief Judicial Magistrate, Visakhapatnam.

#2. The Session Judge, Mahila Court, Visakhapatnam.

#3. The Superintendent, Central Prsion: Visakhapatnam.

#4. The Station House Officer, Cyber Crime Police Station, Visakhapatnam District.

#5. One CC to Sri. KAKUMANU JOJI AMRUTHA RAJU, Advocate [OPUC]

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

#7. One spare copy JSS HIGH COURT DR.YLR, J DATED: 12/08/2025 BAIL ORDER CRLP.No.8117 of 2025 ALLOWED I