The High Court · 2025

Petition under Section 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No. 2 to 5 on trail in crime no. 16 of 2025 of P. S, lbrahimpatnam, Jagitial District and pass sucl other order or orders as this court deems fit and proper in the interest of iustice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argumerts of Sri VADAPALLY AGNI KUMAR, Advocate in Crl.P.No.7672 ot 2O25,Sri N.VENKATAIAH, Advocate in Cr1.P.7678 of 2025 for the Petitioners and Sri Syed Yasar Mamoon, the Additional Public Prosecutor (TG) on behalf of the Respondent. The Court made the following: ORDER THE HONOTIRABLE SRI JUSTICE J. SREEMVAS RAO CRIMINAL PETITION Nos.7672 and 7 678 of 2025 COMMONORDER: Since these criminal petitions are arising out of Crime No.l6 of 2025, these criminal petitions are heard together and being disposed of by this common order.

2. These Criminal Petitions are filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioners/accused Nos.2 to 9 in Crime No.16 of 2025 on the file of the P.S. Ibrahimpatnam, Jagtial District, registered for the offences punishable under Sections lll (3), 318 (4) of Bharatiya Nyaya Sanhitha,2O23 (for short 'BNS'), Section 66 (D) of Information Technology Act, 2000 (for short'IT Act') and Section 3 ofTelangana Gaming Act, 1974 (for short 'TG Act').

3. Brief lacts of prosecution case is that on 27.01.2025 the de facto complainant lodged a complaint stating that he is a software employee and while checking cricket scores on the "Cricket Line Guru" app, he noticed advertisements for cricket betting displayed at the bottom of the screen. The advertisements were promoted by Kartikey Book 2 (Kartikeya.com) and POWER 7777 ard after unkn'lwingly clicking on the links, he was redirected to whatsapp chats of )Grtikey and Power online group, where they posted about online gaming' The accused provided various bank account details to depc sit money and to participate in worldwide live games and sports on treir website. Tlte de facto complainant deposited large sum through multiple transactions by trusting accused persons and won several games. But he never received any payouts and concemed persons never run the group, delayed the process assuring him that money will be deposited ;oon and thereby the accused dishonestty cheated him and they defrauced him to a tune of Rs.1,25,90,349l-. Basing upon the said complairrt above crime was registered.

4. Heard Mr.V.Agni Kumar, learned counsel tbr the petitioners in Crl.P.No.7672 of 2025, Mr.N.Venkataiah, leamed counsel for the petitioners in Crl.P.No.7678 of 2025 and Mr'Slcd Yasar Mamoon, leamed Additionat Public Prosecutor lor the respon dent-State'

5.Leamedcounselforthepetitionerssubmittedthatthepetitioners have not committed the of-lbnce and they were fa[:ely impticated in the above crime. Even according to the allegations mrtde in the complaint, 3 the ingredients of Section 111 (3) of BNS are not attracted against the petitioners. He further submitted that initially crime was registered for the offences under Sections 318 (a) of BNS and Section 3 of TGAct' later the police included Sections I I 1(3) of BNS, Section 66@) of the IT Act, though the said sections are not attracted against the petitioners. Even according to the remand case dairy, the entire allegations are levelled against the accused No.t only. The only allegation levelled against accused Nos.2 to 6 is that accused No.l utilized their bank accounts for the purpose of transferring the amounts. Insofar as accused Nos.7 to 9 are concemed, the only allegation against them is that they accompanied along with accused Nos.2 to 6. He further submitted that petitioners were arrested on 05.06.2025 and since then they were in judicial custody. Alt the petitioners are belonging to a small village and they are eking out their livelihood by doing agriculture work and also private employment and they are not having any criminal antecederts' He further submitted that the petitioners are ready to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail'

6. Per contra, leamed Additionat Public Prosecutor submitted that petitioners have committed grave offences and specific all,egations 4 levelled against the petitioners and accused No.l is that they received a huge amount of Rs.13,39,54,7931- from the year 2022-2025, under the banned game namely, cricket betting. In the hands ,rf the petitioners and accused No.l, the de facto complainant invested the huge amount of Rs.1,25,90,349l-. He further submitted that the irvestigation is under progress and at this stage, if the petitioners are rt:leased on bail, they may tamper with the evidence and may threater the witnesses, and hence, prayed to dismiss the petition.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the de facto complainant lodged a complaint on 27.01.2025 alleging that he paid an amount of Rs. t,25,90,349r-, under the guise of cricket betting and he has not received the amounts lrom the accused. Basing on the said complaint, present crime was registered on

25.01.2025, for the offences under Sections 318 (4) of BNS and Section 3 of TCi Act, later the police included Section I I t(3) of BNS and Section 66(D) of IT Act. During the course r f investigation, the investigating oflicer ought to know that petitioners and other accused have received huge amount of Rs. 13,39,54,793/-. from the de facto complainant and other victims across the lndia liom the year 2022- 5

2025. T\e remand report further reveals that out of the said amoun! huge amounts were transferred to the accounts of the petitioners, and accused No.1 is absconding. Even according to the rearned Additional Public Prosecutor, investigation is under progress.

8. Taking into consideration the facts and circumstances of the case and also gravity of the offence, this court is not inclined to grant bail to the petitioners.

9. Accordingly, the Criminal petitions are dismissed. Miscellaneous applications, pending if any, shall stand closed. To, //TRUE COPY// Sd/. A. PRATHIMA PUTY REGISTRAR ECTION OFFICER

1. The Judicial First Class Magistrate at Metpalli. 2. The Station House Officer, lbrahimpatnam Poli 3. ONE CC tO SRI VADAPALLY AGNI KUMAR' A 4. Two CCs to the Public Prosecutor, High Court Hyderabad [OUTI

5. Two CD Copies ce Station, Jagtial Dist. dvocate [OPUC] for the State of Telangana at SM/gh (? j i I I I I I I I , i l l I I i I j HIGH COURT DATED: 0110712025 1 E 14' f- o( e J c lJ 't. .v ((.(r ;-: J t S51 P M :t) C ORDER CRLP.No.7672 AND 7678 ot 2025 DISMISSING THE CRIMINAL PETITIONS "4r"1 €