✦ High Court of India · 28 Apr 2025

The High Court · 2025

Case Details High Court of India · 28 Apr 2025
Court
High Court of India
Decided
28 Apr 2025
Length
1,029 words

Pasupuleli Srikanth. s/o p Madhusudhan, Age.50 years, Occ. Business, No .l_2- 51, Market Road, posr office ward 6, S;i;#l N;tA;j; ... Petitioner/Accused No. 1 AND t l}:"tl?j:otrrelangana, Represented bv its pubtic prosecutor, High courr at 2. Anupama Saanam. w/o Sri Harsha, Age.3gyears, Occ. privale employee, R/o. H No. 30-46/1 2 1, yadaiah N6r;: S;;ir";Er"n?,usro, Lasir, R. R. Disrricr ..Respondent Petitfon. under Sec-tion ,4g2 oI Cr.p.C praying that in the circumstances stated in lhe Memorandum of Grounds or cri,ilnli"putition, the High court may be preased to enrarge the petitioners n."r="J r.ros. r on anticipatory bair in the event of their arresr in connection witn criml tto a-a'ot or 2024 0nthe fire of p.S. CYBER CRtME, CYBERABAD Orring tne p"ij"r"V inquiry and triat. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Qriminar petition and upon hearing the arguments of Mr. A. Ravinder Reddy, Senior counser representing Mr. M. Sateesh, Advocate for the petilioner and the Mr. Syed yasar Mamoon, Additionar pubric prosecutor on beharf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: ORDER "f 'si-- ; i 'T'HF- }I()NOTJRABLE SITI .IUSTICE J. SITT-F,NIv,\S TtAo .RIMINAL t PT,T l'l-lON No. 56-56 of 2025 OItDIiR: 'fhjs C riminal Peririon is filed under Section 481 rf Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short,BNSt.;,) seeking anticipatory bail to the petirioner/accused No. I in Crime No.gg0l of )024 on rhe frle of Cyber Crime police Station, Cy.berabr d regisrered lbr the offences punishable under Sections 2O4,3lg(4), i35, 336(3), 338 and 34tt(2) of BNS and Secrion 66-C of IT Act,2000_2108.

2. The case of the prosecution is that on 26.1: .2024, the complainant l<>dged a complaint stating that he rcceivcd a call from someone claiming to be from FedEx, alleging misuse o1'th:ir Aadhaar Card, and rva:; then connected via Skype Io a person posing as a Mumbai Cyber Police officer, who coerced them into s|aring bank details under the threat of legal action, demanding Rs. 12,77 ,g4:. for police clearance. Basing on the same, Crime No.gg0l oi' 2024 was registered.

3. Heard Mr.A.Ravinder Reddy, leamed Senior Counsel representing lvlr.M.Sateesh, Ieamed counsel for the petrtioner and -l Mr.Syed Yasar Mamoon, Iearned Atlclirional Public Prosecutor lbr the respondcnl No.l -State 4 Leamed Senior Counsel for thc petitioner subm:itted that thc petitioner has not committed the offence and he was lalsely implicated in the above crime, basing upon the confession statement given by accused Nos.2 and 3 only' Even according to the allegations made in the complaint the ingredients of alleged offences are not attracted against the petitioner and the amount belonging to the complainant was not deposited in the account of the petitioner and accused Nos.2 and 3 received the forged amount from thc complainant. He further submitted that accused Nos'2 and 3 were ,i -l .'' aiready enl'a1g{diba bailand entire investigation is completed; except 'filing of clt*ge' sheet- :tle furthei submitted ihat accused No'3 filed application rq Qrl.MJ'fNo.13O of 2025 on the file of the I Additional :uru''oi Civjl J-rfdge-cur4;Xl Additional Judicial Magistralg of Firsl Class, Ranga Reddy District at Rajendranagar, seeking bail and the ._ . ..rr. Ieamed Magistrate while granting bail recorded that investigation completed and charge sheet was also filed and custodial interrogation of accused No'3 is no more required and he is entitled for grant "f.!u{' He further submitted that accused Nos'2 and 3 are illrhitttltl ,rl -r(lcts,rnd lhcr elL. ucclrsc(l ilt irlitct r.t.tr )i. \ 9.1-iJ6 o1- -1)l L I l. ;lr ltri .irbntittccl tllat ;re ,-Lrsr.tl \Lr: I lltri : i ,rr c givc).r i-r,rk li,-!!r'r i. rrr'trur oi- onc ,\lltirliralr Srrclhccr rrrr l 5 other ircrsolls ll('r r.. ,.lUcstion of gi!ing blnk accitLrnr t]l lrr,,our of the pctiti()ner rlorrr rrot arise- ]le further submittecj that the pc.ritioner is rcacl\ tc !o()f'j('rate r'ith the i'rvestirratio, antr rrrs. rearll arrd rvilling to abiclt- br the conditions which are going ro be irrpost,d bv this (-oun. I Icnce . hc petitioner nray be enlargeil on anticip.Lrur.., bail.

5. Pci' co,rra, learned Additional public prosecLrror ;ubmitted that pctition.-) has committed gr.ave oflence and therc iur. specilic tileeations irr.itir.lst the petilioner rhat at his instalcr.. t ornplaint strslainccl r hrr3e Joss of Rs. I2,77,g4Il_ and investigation is under progress. LIcnL:r:, at this stage, the petitioner is not crrtitlctl fbr grant ol anticipatorv bail.

6. Ilaving considered the rival submissions macle by the rcspective parries and after perusal of the rrateriar available on record, it reveals that the complainant Iodged a corlplaint on 26.1 1.2024, r,yherein she specifically stared that she srrsrainerJ a huge loss of Rs.l2,7 1,8411- tn the hands of petitioner and orher ac,rused. It a!_:iiEr: i I 4 petrtJoner/accu scti \ti. j also r-cr.cals rrecrr.L.tl \.,rs.l :rnd -l staled thll iltcr lli,. t rrr rltejr \titrL,1I(.,nls SpecillCilil\ -eiven their lxnli irccorutts irr lar oLu. ol. and accordingh, peritioner paid 5% o1. colnmission to thenr .'\ccording to the iearncd Adclirjonal publjc Prosecutor inVe.sti.natjoll is under progrcss ancl accrrsecj Nos.] ancl 3 have nhs2dy givcn thcir bank accounts in favour o1.one Maddirala Sudheer and 5 other pcrsons jn Cr.jme No.2546 ol.2024,and very same grounds were lrrentioned in the present crirne and the same has to be revealed ciuring investigalion and rhe same is pending. Taking into consideralion thc grar'iry of the off-ence. rhis Court is not incrinecl to grant anticipatory bail ro rhe petirioner, al this juncture.

7. Accordingly, this Criminal petition is clismissed. _- M]1c-ellaneous applicarions, pending if any, shail stand closed. i I To, //TRUE COPY// SD/. K SRE D 5#g#lL,*Xt" SECTION OFFICER I 1 2 a 4 5 One CC to Mr. M. Satees two cD copies ttil*",,,ffi f i:lilr;r:3if ;ifr f i,tif [:,:Tir?"1,,#:"ji h' Advocate IoPUcI w HIGH COURT DATED:2810412025 ORDER CRLP.No.5656 of 2025 91Al C { )F ? o l> f" t x 3 o o t\ $\\ii 1[[l r !1, -r31'' I ,.( DISMISSING OF THE CRIMINAL PETITION 6l 0 >t

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