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ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Manmadha Rao, J.
Janampeta Shiva Raj Goud – Appellant
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 431 of 2023
Decided On : 27-01-2023
Bail - Cyber Crime - The court granted bail to the petitioner in connection with a cyber crime case involving offenses under various sections of the Indian Penal Code, Prize Chits and Money Circulation Scheme (Banning) Act, AP Protection of Depositors of Financial Establishment Act, and Information Technology Act.
Fact of the Case:
The petitioner was seeking bail in connection with a cyber crime case involving various offenses. The petitioner's counsel sought interim bail due to the petitioner's mother's demise, but the court inclined to grant regular bail instead.
Finding of the Court:
The court found that the petitioner, who was a depositor, had been in judicial custody for a significant period and that detaining the petitioner would not improve the case of the prosecution. The court also noted that another accused had been released on regular bail, leading the court to grant bail to the petitioner on certain terms and conditions.
Issues: The issues involved the petitioner's request for bail, the circumstances of the case, and the petitioner's role as a depositor in the alleged fraudulent schemes.
Ratio Decidendi: The court considered the petitioner's period of judicial custody, the lack of improvement to the prosecution's case by detaining the petitioner, and the release of another accused on regular bail as key factors in granting bail to the petitioner.
Final Decision: The criminal petition was allowed, and the petitioner was ordered to be released on bail upon executing a personal bond and providing sureties to the satisfaction of the Special Judge for trial of APPDFE Act Cases-cum-Metropolitan Sessions Judge, Vijayawada.
Based on the provided legal document, here are the key points:
The case involves a petitioner accused of involvement in a cyber crime scheme, with charges under various statutes including the Indian Penal Code, IT Act, Prize Chits and Money Circulation Scheme (Banning) Act, and the Andhra Pradesh Protection of Depositors of Financial Establishments Act (!) [2000563060001].
The petitioner was a depositor who allegedly participated in fraudulent schemes by depositing money into a company operated through a website, which was used to purchase properties and misappropriate customer deposits. The petitioner is said to have been an active member and aware of the fraudulent activities (!) [2000563060001].
The petitioner has been in judicial custody since December 5, 2022, approximately 52 days at the time of the order, and the court considered the length of custody as a factor in granting bail (!) [2000563060003].
The court noted that detaining the petitioner would not significantly improve the prosecution's case and took into account that another accused had already been released on bail (!) [2000563060004].
The court granted bail to the petitioner upon executing a personal bond of Rs. 25,000 with two sureties of equal amount, and imposed conditions including cooperation with investigation and attending the police station daily until the charge sheet is filed (!) [2000563060005].
The court also considered the circumstances of the petitioner's mother's demise and the need to attend funeral rites, initially seeking interim bail, but ultimately granting regular bail based on the circumstances and the progress of the case (!) .
The decision emphasized that the detention of the petitioner was unlikely to enhance the prosecution's case and that the release of other accused on bail supported the decision to grant bail to the petitioner (!) .
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JUDGMENT
Dr. K. Manmadha Rao, J. - This criminal petition under Sections 437 & 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioner on bail in connection with Crime No.51 of 2022 of Cyber Crime Police Station, Vijayawada, registered for the offences punishable under Section 420, 120(b) of IPC, Sec 4 & 5 of Prize, Chits and Money circulation Scheme (Banning) Act, 1978, Section 4 & 5 of AP Protection of Depositors of Financial Establishment Act, 1999 and Section 66 of Information Technology Act, 2000.
2. The case of the prosecution in brief is that A.2 got registered A-1 firm under the name and style of 'Sankalmpart' through his software person byname Rompicherla Vijaya Rama Seshacharyulu in the Website and created I.P. address, designed programme for learning members into 10 levels inviting deposits offering higher income on their investments and collected deposits from several customers. Later, A-1 and A-2 with the deposits of the customers purchased properties in various places, that the petitioner/A-22 initially joined as member in A-1 company and got huge returns and they induced so many customers and got deposited of money in various schemes, that the petitioners attended several meetings of the company and collected huge deposits, that the petitioner/A-22 is active member in the tea of A-2 and he knows about the fraudulent schemes introduced by A-2 and the petitioner in conspiracy with A-2 misappropriated the deposits of the customers. Hence, present crime was registered against the petitioner/A-22 along with other accused.
3. It is further represented that on 23.01.2023, this bail application was listed and the matter is posted for getting instructions of Assistant Public Prosecutor and the matter was directed to be posted after one week. Today the petitioner counsel moved Lunch Motion and represented that he filed an Interlocutary Application seeking interim bail stating that on earlier hours, the petitioner mother expired on 27.01.2023 at 1:30 A.M and the petitioner has to attend the funerals of his mother and also he has to attend death rituals and other ceremonies as he is the elder son. Therefore, prayed to grant interim bail. Accordingly, the same was numbered after permitting the Lunch Motion on hearing the petition. On hearing the petition, this Court inclined to grant regular bail instead of interim bail. Accordingly, the bail petition is ordered.
4. On the submissions made learned counsel for the petitioner and learned Assistant Public Prosecutor for the State, the petitioner is only deposited an amount of Rs.67,000/- and he made 15 members to join in the said group, that the so called stamp papers and other documents mentioned in the remand report are neither signed by the petitioner nor the said documents seized from the hands of the petitioner. He further submits that the petitioner has been in judicial custody since 05.12.2022 i.e., for about 52 days and thereby prayed for grant of bail to the petitioner.
5. Petitioner is a depositor. The petitioner was arrested on 05.12.2022 and since then he has been languishing in jail. Further, detaining the petitioner in jail would not improve the case of the prosecution. Apart from that other accused i.e.A-17 released on regular bail by order dated 05.01.2023, this court is inclined to grant bail to the petitioner on certain terms and conditions.
6. Accordingly, the criminal petition is allowed. The petitioner/A-22 in Crime No.51 of 2022 of Cyber Crime Police Station, Vijayawada shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Special Judge for trial of APPDFE Act Cases-cum-Metropolitan Sessions Judge, Vijayawada. The petitioner shall cooperate with the investigation and shall attend before the concerned Station House Officer everyday between 10.00 AM and 1.00 PM till filing of the charge sheet.
The court considered the period of judicial custody, the impact on the prosecution's case, and the release of another accused on bail as key factors in granting bail to the petitioner.
The court grants bail upon finding no substantial evidence against the applicant, emphasizing cooperation with the investigation.
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