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2023 Supreme(AP) 524

K. MANMADHA RAO
Janampeta Shiva Raj Goud – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
S Bala Mohan Ranga, Advocate

Judgement Key Points

Based on the provided legal document, here are the key points:

  1. 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].

  2. 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].

  3. 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].

  4. 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].

  5. 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].

  6. 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 (!) .

  7. 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 (!) .

Please let me know if you require a detailed legal analysis or assistance with specific aspects of this case.


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 pe

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