Criminal Petition No. 16511 of 2025 · The High Court · 2025

Order

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioners, who are arrayed as

accused Nos.4 and 5 in FIR.No.32 of 2025 of EOW Cyberabad Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 318(4), 316(2) r/w 61(2) of 2 the BNS and Section 5 of the Telangana Protection of Depositors and Financial Establishments Act.

2. The case of the prosecution is that, on 25.06.2025, the de- facto complainant lodged a report before the police stating that the de-facto complainant’s husband is a retired SBI Manager, retired in 2021 and they got retirement benefits and after retirement, they were looking for investment for good returns. The petitioner No.1/accused No.4 approached the de-facto complainant and asked to deposit in her daughter's business in company by name M/s Christ Properties (OPC) Pvt. Ltd and requested to invest in the said company and as such, they invested and as collateral security, petitioner No.1 given promissory notes and a blank cheques without date and as agreed, they have paid monthly returns for a period of 30 months after receipt of the money and in August, 2023, they invested an amount of Rs.20 Lakhs with 2% of interest and since November, 2024, they failed to pay the monthly returns and the petitioner No.1 requested that she is in USA with her son and after returning from USA, she will repay the same. According to accused No.3, the amount was given to petitioner No.1 and the same was given to the petitioner No.2 for his studies. Hence, she requested for necessary action. Basing on the said complainant, the police registered a case for the above said offences and 3 according to the de-facto complainant, there are 5 victims suffered in the hands of the accused Nos.1 to 5.

3. Heard Sri G. Ashok Reddy, learned counsel appearing on behalf of the petitioners, Sri M. Krishna Chaitanya, learned counsel appearing for the de-facto complainant and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioners submitted that though the de-facto complainant says that, in August, 2021, they invested in the Company by name M/s Christ Properties (OPC) Pvt. Ltd., but the same was incorporated in the year 2023 and whatever the allegations made by the de-facto complainant stating that they have invested in M/s Christ Properties (OPC) Pvt. Ltd is nothing but false and there is no deposit in the present case and it is a hand loan. It is further submitted that, even according to the de-facto complainant, in the legal notice issued by LW-2, it is a hand loan and it is not a deposit and petitioner Nos.1 and 2 were in USA and petitioner No.2, who is accused No.5, went to USA and he already completed his masters and he is doing job and earning Rs.2 Crores per annum and there is no necessity to petitioner No.1 to give amount to petitioner No.2, who has already completed his studies long back 4 and the custodial interrogation of the petitioners is not required in this case, as the total investigation is based on the documentary evidence and LOC is issued against both the petitioners. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by learned counsel petitioners stating that huge amount is involved in the present case and it has to be investigated and the custodial interrogation of the petitioners is required for further investigation and prayed the Court to dismiss the Criminal Petition.

6. Learned counsel appearing on behalf of the de-facto complainant submitted though the company was incorporated in the year 2023, there are 4 companies of the accused and one of the said company is Toppers Stop Edutech Private Limited, incorporated in the year 2019 and the de-facto complainant invested amount in the year 2021 and it is not a deposit and the case is at the initial stage, as the huge amount is involved in this case and at this stage, the petitioners are not entitled for the bail and prayed to dismiss the Criminal Petition. 5

7. In the light of the submissions made by both learned counsel and on a perusal of the material available on record, the petitioners herein are accused Nos.4 and 5 and the allegations are that, accused No.4 stood as a surety for the amount taken for accused Nos.2 and 3 and she gave promissory notes and a blank cheques and there is no such allegation against accused No.4 that she took amount as on deposit and accused No.5 is not at all connected with the de-facto complainant and accused No.4 gave amount to accused No.5. Considering the facts and circumstances of the case and also the allegations against the petitioners, the custodial interrogation of the petitioners is not required in this case and this Court deems it fit to grant pre- arrest bail to the petitioners/accused Nos.4 and 5, subject to the following conditions: i. The petitioners/accused Nos.4 and 5 shall surrender before the Station House Officer, EOW Cyberabad Police Station, Cyberabad Commissionerate, in the event of arrest, and on such surrender, the said Station House Officer shall release them on bail on executing a personal 6 Rs.25,000/- each, with two sureties, for the like sum each. ii. The petitioners/accused Nos.4 and 5 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case. iii. The petitioner No.1/accused No.4 shall surrender her passport before concerned Court.

8. Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. Date: 22.12.2025 TU _______________ K. SUJANA, J 7 THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16511 of 2025 Date: 22.12.2025 TU