Criminal Petition No. 7323 of 2025 · High Court · 2025

Order

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.4 in Crime No.54 of 2025 of Central Crime Station (CCS), Basheerbagh, Hyderabad, registered the offences punishable under Sections 316(5) and 318(4) r/w Section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of prosecution in brief is that on 25.04.2025 at about 21.20 hours, M/s. Akhand Infratech India Private Limited, represented by its Director A.Akarsh Krishna, lodged a complaint alleging that in the month of June 2022, accused No.1, who is the Director of M/s Inrhythm Energy Private Limited, induced them to purchase iron ore from M/s.Acore Industries Private Limited, claiming that the said company had been taken over by him, but with an evil intention to sell the iron ore to clients of M/s.Inrhythm Energy Private Limited for a profit of Rs.300/- per ton and the period ::2:: between 22.11.2022 and 29.12.2023, M/s. Akhand Infratech India Private Limited paid approximately Rs.24 crores to M/s.Acore Industries Private Limited, but iron ore worth Rs.7 crores was neither supplied nor refunded. It is further alleged that petitioner is the wife of accused No.1 and she facilitated transfer of Rs.50 lakhs from the account of M/s.Acore Industries Private Limited in September 2024, but failed to arrange the remaining dues. Basing on the said complaint, the present crime is registered against the petitioner/accused No.4 and other accused for the aforesaid offences.

3. Heard Mr. V.Surender Rao, learned counsel for the petitioner/accused No.4 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and she was falsely implicated in this case and initially the crime was registered for the offences under Sections 316(2) and 318(4) of BNS but subsequently the section of law was altered to Section 316(5) of BNS although the ingredients thereof are not attracted against the petitioner and even according to the allegations made in the ::3:: complaint, complainant amount Rs.7,08,47,883.81 ps., to accused No.1, as on December, 2023, for supply of iron ore and the said company neither delivered the goods nor repaid the amount and the petitioner/accused No.4 being the wife of accused No.1 has assured that the amount will be repaid within a month but she had transferred only an amount of Rs.50 lakhs from the account of M/s.Acore Industries Private Limited and thereafter, she failed to pay the remaining amount. Learned counsel further submits that the complainant filed a comprehensive suit viz., COS.No.55 of 2024 on the file of the Principal Special Court in the Cadre of District Judge for Trial and Disposal of Commercial Disputes at Hyderabad on 27.12.2024 and in the said suit, the complainant has not made any allegations as have been made in the present complaint. Learned counsel further submits that the entire allegations are levelled against accused Nos.1 to 3 and accused No.1 was arrested on 13.05.2024 and released on bail vide order dated 11.06.2025 passed by the learned XII Additional Chief Judicial Magistrate in Crl.M.P.No.1557 of 2025 and similarly, accused No.2 was granted bail vide order ::4:: dated 02.06.2025 passed by the learned I Additional District and Sessions Judge, Ballari, in Crl.M.P.No.410 of 2025 and accused No.3 was granted bail vide order dated 18.06.2025 passed by the learned III Additional District and Sessions Judge, Ballari, in Crl.M.P.No.5309 of 2025. Learned counsel further submits that the petitioner is not having any criminal antecedents and she be granted anticipatory bail as she is ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

5. On the other hand, learned Additional Public Prosecutor submitted that the petitioner and accused have committed grave offence and they are due to a tune of Rs.7,08,47,883.81 ps., to the complainant and the ingredients of Section 316(5) of BNS are attracted against the petitioner and the investigation is under progress and as such, if the petitioner is granted anticipatory bail at this stage, there is every chance of her influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss the petition.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on ::5:: record, it reveals that monitory disputes are pending between the companies of the petitioner and other accused on one hand and the complainant on the other hand and the complainant had already filed C.O.S.No.55 of 2024 against M/s.Acore Industries Private Limited for recovery of money and the allegations made in the present complaint have not been stated in the said suit and accused Nos.1 to 3 have been granted bail. Even according to the learned Additional Public Prosecutor, the petitioner is not having any criminal antecedents and the petitioner was inducted as Director of M/s.Inrhythm Energy Private Limited on 04.10.2024 whereas the allegations made in the complaint are prior to that date.

7. In view of the same, this Court is inclined to grant anticipatory bail to the petitioner/accused No.4, subject to the following conditions: i. The petitioner/accused No.4 shall surrender before the Station House Officer, Central Crime Station, Hyderabad, on or before 01.07.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.4 on bail on his executing a personal bond ::6:: Rs.1,00,000/- (Rupees One Lakh only) with two sureties, for a like sum each. ii. On such release, petitioner/accused No.4 shall appear before the Station House Officer, Central Crime Station, Hyderabad, as and when her presence required, the purpose of investigation. iii. After release, the petitioner/accused No.4 shall not influence the witnesses or interfere with the investigation. iv. Petitioner/accused No.4 shall abide by the conditions stipulated under Section 482(2) of BNSS and shall cooperate with the Investigating Officer in the investigation.

8. Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed. Date: 25.06.2025 LUR ___________________ J.SREENIVAS RAO, J