O R D E R:-

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed on behalf of the petitioners/accused Nos.4 and 5 to grant anticipatory bail in connection with Crime No.4 of 2025 of Cyber Crime Police Station, Visakhapatnam Commissionerate.

2. A case has been registered against the petitioners/

accused Nos.4 and 5 and other accused for the offences punishable under Sections 111 (2), 319 (2), 318 (4) read with 61 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’) and Sections 66C, 66D of the Information Technology Act, 2000-2008 (for brevity ‘the ITA’) and Sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974 (for brevity ‘the APG Act’).

3. Case of the prosecution, in brief, is that, on

06.01.2025, on receipt of credible information, the Sub-Inspector of Police, Cyber Crime Police Station, Visakhapatnam along with other police personnel conducted search at Flat No.610, Gayatri Towers, opposite Water Tank and Pump House, backside of Polamamba temple, Doctors Colony, Pedawaltair, Visakhapatnam and found that accused No.3 along with accused Nos.1, 2, 4 and 5 was conducting offline and online betting. As per the confessional statement of accused No.3, he used to pool fund for betting. On verification of mobile phones of accused No.3, police found total eighty two suspicious transactions. The police registered the case in Crime No.4 of 2025 for the aforesaid offences.

4. Learned counsel for the petitioners herein/accused Nos4 and 5 would contend that accused No.3 borrowed the amounts from the petitioners and in order evade the payment, he falsely implicated the petitioners into the crime and the police, during the course of investigation, found transactions made between the petitioners and accused No.3 and trying to apprehend them.

5. Learned Assistant Public Prosecutor for the State submits that the petitioners/accused Nos.4 and 5 involved in gaming activities, placing bets in lakhs of rupees per game on cricket matches and investigation is not yet completed.

6. Heard. Perused the record.

7. A perusal of material on record goes to show that the Cyber Crime Police, on credible information, commenced the investigation on 06.01.2025 and crores of rupees with number of bank accounts, UPI transactions including binami and hawala transactions was involved in the case. As rightly contended by the learned counsel for the petitioners herein/accused Nos.4 and 5, prima facie Section 111 (2) of BNS has no application in respect of the petitioners herein/accused Nos.4 and 5. This Court, considering the material on record, the nature of accusation, prima facie case and stage of investigation, is inclined to grant anticipatory bail to the petitioners herein/accused Nos.4 and 5.

8. Accordingly, in the event of arrest of petitioners herein/

accused Nos.4 and 5 in the above crime, they shall be released on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties for the like sum each to the satisfaction of the arresting officials, and also on condition that the petitioners herein/accused Nos.4 and 5 shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioners herein/accused Nos.4 and 5 shall appear before the Station House Officer concerned one in a week i.e. on every Saturday between 10.00 a.m. and 1.00 p.m., till filing of the charge sheet.

9. Accordingly, the Criminal Petition is allowed.

_______________________ __

JUSTICE K. SREENIVASA REDDY

12^th February, 2025.

DNB