Pramada Valli @ Pramada Valli Ponukumati … v. ….. Mr. S.C. Mohapatra, Senior Advocate with Mr. S. Mohapatra, Advocate Opp. Party Ms
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 14282 of 2023 Pramada Valli @ Pramada Valli Ponukumati ….. Petitioner State of Odisha Vs. ….. Mr. S.C. Mohapatra, Senior Advocate with Mr. S. Mohapatra, Advocate Opp. Party Ms. S. Mishra, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 19.07.2024 (Through hybrid mode) Order No. 05. 1. This application under Section 439 of Cr.P.C. has been filed in connection with Cyber Crime P.S. Case No. 21 of 2023 corresponding to C.T. Case No. 1630 of 2023 pending in the court of the learned S.D.J.M., Bhubaneswar registered under Sections 419, 420, 465, 467, 471, 120-B, 34 of IPC read with Sections 66(C) / 66 (D) of I.T. Act. 2. This bail application was listed before me as BLAPL No. 370 of 2024 filed by co- accused Tej Kumar, BLAPL No. 375 of 2024 filed by co-accused Ashish Kumar and BLAPL No. 378 of 2024 filed by co-accused Yogendra Singh had been dismissed by me on 22.01.2024, granting liberty to them to move for bail after completion of investigation. 3.3. Chargesheet dated 18.03.2024 has been submitted against the petitioner-Pramoda Valli @ Pramada Valli Ponukumati and co- Page 1 of 6 accused (Tej Kumar, Ashish Kumar, Bhanu Pratap Yadav, Yogendra Singh, Raghu Anand, Rupali Gupta and Bhim), for commission of offences under Sections 419, 420, 465, 467, 471, 120-B/34 of IPC read with Sections 66-C/66-D of IT Act, 2000, keeping investigation open under Section 173 (8) of Cr.P.C. 4. The prayer for bail of the petitioner has been rejected by the learned 5th Additional Sessions Judge, Bhubaneswar vide order dated 12.12.2023 passed in BLAPL No.2256 of 2023. 5. Initially FIR was registered against unknown persons on the information of one Anil Kumar Jalan on 04.10.2023 at the Cyber Cell Police Station for commission of offences under Sections- 419, 420, 465, 467, 471, 120-B, 34 of IPC read with Sections 66(C) / 66(D) of IT Act. He alleged that he has a HDFC Life Insurance Policy in the name of his wife. In the first week of July, 2023, he received a call from an unknown person regarding premature release of the policy. He received calls from numbers 9812467649, 7207660964, 9911266906, 9193041401, 9812493952, 9953057289, 8376858433, 9910586356, 9911041392, 8750376496 and as per the advice of the caller, he transferred Rs.76,15,955/- to different bank accounts between 05.07.2023 to 28.09.2023 in Account No. 921010046625512, 34889554692, 10577035908 and 2845322439 Page 2 of 6 and had attached the payment details . 6. The account number of the petitioner has been provided to the informant by the unknown caller and following the instructions, Rs 28,73,000/- was transferred from the account of the wife of the informant to account - SBI A/C No 10577035908 ( which stands in the name of the petitioner ) between 01.09.2023 and 26.09.2023 and this amount had been transferred to the accounts of co-accused of co-accused Bhanu Prasad Yadav maintained in Union Bank and Axis Bank 7. I have heard Mr. S.C. Mohapatra, learned Senior Counsel and Ms. S. Mishra, learned Additional Standing Counsel assisted by Ms. Sabita Sahoo, Inspector of Police, CID, Crime Branch, Cuttack, the Investigating Officer and perused the case diary. 8. Mr. S.C. Mohapatra, learned Senior Counsel appearing on behalf of the petitioner has submitted that the petitioner is an old lady who is aged about more than 65 years, and she does not have any criminal antecedent. Investigation, so far as she is concerned is over and investigation reveals that she has not withdrawn any amount which had been transferred to her account. He has submitted that there is no question of her absconding or tampering with evidence as she has a permanent address. His further submission is that, on account of her advanced years and various health ailments, Page 3 of 6 she is leading a miserable life in jail custody and as her further detention in jail will not help further investigation in the case, her prayer for bail may be sympathetically considered. 9. Ms. S. Mishra, learned Additional Standing Counsel vehemently opposed the prayer for bail stating that the petitioner is part of a well planned conspiracy to cheat people of their savings and investments. Her bank account number was provided to the informant and Rs 28,73,000/- had been transferred from the account of the wife of the informant to account - SBI A/C No 10577035908 (of the petitioner) between 01.09.2023 and 26.09.2023 and this amount had been transferred to the Union Bank and Axis Bank accounts of co-accused Bhanu Prasad Yadav. This could not have been done without her knowledge and active connivance. A mobile phone, airtel sim No. 9990891600, A HP laptop, her adhar card and her PAN card were seized from her. Her phone calls and messages indicate that she has played an active role in the crime. It was also found that she was in constant touch with the co-accused over mobile. 10. The petitioner has allowed her account to be used for transfer of money from the account of the wife of the informant and this amount has been subsequently transferred to the account of co-accused Bhanu Prasad Yadav. Messages sent by her to the other accused show that she Page 4 of 6 allowed this for monetary gain, although it is afact that she has not withdrawn the amount. On going through the case diary , I find that the petitioner has cooperated with the investigation for which the Police has been able to seize her mobile, phone, adahar card and pan card and taken pictures of her messages 11. Preliminary chargesheet has been submitted in the case keeping further investigation open. The petitioner is an elderly woman. The offences alleged against her are triable by a Magistrate. I am satisfied that her continued detention in custody is not going to aid further investigation in the case as her custodial interrogation at this stage is not feasible. On the other hand she can be granted bail with the conditions that she should co-operate with further investigation and to ensure that she does not abscond and is available for the trial. 12. It is accordingly ordered that the petitioner shall be released on bail on such terms and conditions as the learned court in seisin over the case may consider fit and proper keeping in mind the age and health condition of the petitioner, including the following conditions : (i) One of the sureties shall be her blood relation. (ii) She shall cooperate with further investigation. (iii) She shall inform the learned Court in seisin over the matter Page 5 of 6 about the address where she intends to reside after her release as well as her permanent address along with name of the Police Station, so that the same can be verified by the I.O. in case it is different from the one from where she was arrested. (iv) The petitioner shall provide her mobile number(s) to the learned SDJM Bhubaneswar, so that the same can be verified by the I.O., before she is released on bail. The number should be kept charged so that it accessible. Any change in the mobile number(s) shall be immediately informed to the Court, by her or her counsel within two days of the change. (v) She shall surrender her passport in the Court in seisin over the case. In case she does not possess a passport, she shall submit an affidavit to that effect. 13. In the event of violation of any of these conditions or any other condition that may be imposed by the learned Court below independently, it would be open to the prosecution to seek for cancellation of bail. 14. Observations in this order regarding nature of allegation are only prima facie views and made for purpose of considering the bail application and should not influence the learned trial court in any puspa manner. Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 06-Aug-2024 18:20:31 (Savitri Ratho) Judge Page 6 of 6