To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.

ORDER :

Venkata Jyothirmai Pratapa, J.

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’) by the Petitioners/ Accused Nos.2 to 4 for granting of pre-arrest bail in connection with Crime No.119 of 2025 of Panjani Police Station, Chittoor District, registered for the alleged offences punishable under Sections 316 (2), 318(4), 351(2), 61(2) and 111(2) (b) read with 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. The case of the prosecution is that the defacto complainant is giving dish connections and the accused No.1 discussed with him and also informed that he would give internet connection and they invested Rs.2,00,000/- each and the accused No.1 opened the account in the name of defacto complainant in Indus Ind Bank, Palamaner and accused No.1 took the ATM card, check book and also connected the said account in to the cell phone number of accused No.2 and later he failed to show the accounts. The further version of the prosecution is that the accused No.1’s wife, brother-in-law, relative Sukesh, and friend Chandrasekhar formed into a group and they lured the people in and around the Rayalpeta on the false promise of providing jobs etc., and collected the amounts and cheated the people.

3. Heard Mr. Siva Nagarjuna Sidhadapu, learned counsel for the Petitioners and Mr. K.Sandeep learned Assistant Public Prosecutor. Perused the record.

4. Learned counsel would further submit that the Petitioners are innocents of the alleged offence and have been falsely implicated by the police. It is further submitted that except Section 111 (2) (b) of BNS the remaining all offences are punishable with imprisonment for less than seven (7) years. It is further contended that (2) (b) of is not attracted, as there is no legally admissible material to constitute an offence of organised crime and the petitioners are ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners.

5. Per contra, learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed.

6. In view of the above submissions, this Court proceeds to examine the applicability of Section 111 of BNS against the Petitioners. of reads as under:

“111. Organised crime. - (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.

Explanation.-For the purposes of this sub-section,-

(i) "organised crime syndicate" means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity;

(ii) "continuing unlawful activity" means an activity prohibited by law which is a cogniza