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2025 Supreme(Online)(AP) 8644

HIGH COURT OF ANDHRA PRADESH
K. SREENIVASA REDDY, J
Gopi Prasanth alias Gopi – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition NO: 6214/2025



Advocates:
For the Appellants/Petitioners: P Sai Surya Teja
For the Respondents: Public Prosecutor

The court established that a confession from a co-accused is inadmissible against another accused, warranting bail when no other evidence exists.

Headnote:(A) Sections 437, 438, 439 of Cr.P.C, and Sections 480, 483, 318(4), 308(2), 351(2) of BNSS, 2023 - Petition filed seeking bail by accused in connection with a case involving deceptive cryptocurrency investments causing distress to a victim. (Paragraphs 4, 6)

(B) The court noted the lack of sufficient evidence against the petitioner aside from the confessional statement of a co-accused, which is inadmissible, leading to the granting of bail on conditions. (Paragraph 6)

Facts of the case:
A case was initiated following a complaint about a cryptocurrency scam affecting the complainant’s daughter, leading to substantial financial loss and distress, with the petitioner having been arrested without solid evidence against him.

Findings of Court:
The court found insufficient evidence solely relying on a confession from a co-accused, warranting the granting of bail.

Issues: The primary issues focused on the adequacy of evidence for maintaining custody of the accused.

Ratio Decidendi: The court's reasoning emphasized the inadmissibility of co-accused confessions as evidence against other accused individuals.

Result: Criminal Petition allowed.

Table of Content
1. circumstances leading to the criminal petition. (Para 3)
2. responses from counsel regarding evidence. (Para 5)
3. court’s reasoning for granting bail. (Para 6)
4. final decision of the court. (Para 7)

Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS , 2o23) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant bail to the petitioner/A5 in with No.10/2025 of CID PS, Andhra Pradesh, Mangalagiri connection COUNSEL FOR THE PETITIONER : SRI. P SAI SURYA TEJA COUNS'EL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10304552025 lN THE HIGH COURT OF ANDHRA PRADESH E]HE]

AT AMARAVATI [3327]

EF: LI. (Special 'OriginaI Jurisdiction)

TUESDAY, THE FIRsT DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6214/2025 Betwee n :

1.GOPI PRASANTH ALIAS GOPl, S/O. NARSING RAO, AGED 42, R/O. FLAT NO. B-210, GIRIDHARI HOMES APARTMENTS KISMATHPUR, BANDLAGCJDA JAGIR, RAJENDRANAGAR, RANGA REDDY DISTRICT, HYDERABAD, TELANGANA.

...PETITIONER/ACCUSED AND

1.THE STATE OF ANDHRA PRADESH,I Through Station House Officer, CID PS, A.P., Mangalagiri Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

".RESPONDENT/COMPLAINANT Petition under Section 437 /438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to grant bail to the petitioner/A5 in with Crime No.10/2025 of CID PS, Andhra Pradesh, Mangalagiri connection and to pass Counsel for the Petitioner/accused:

1.P SAI SURYATEJA Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR The Court made the following:

ORDER:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya 'Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A5, seeking bail, in Crime No.10/2025 of C.I.D. Police Station, A.P. Mangalagiri.

Q=- ~`3 .......` I

2. A case has been registered against the petitioner and others for the offences under Sections 318 (4), 308(2), 351 (2) of B.N.S.

3. Case of the prosecution, in brief, is that, one Murali Mohan Kadiyala submitted a report to the A.P CID Police by stating that his daughter Midhula Kadiyala has been living in Bay Area, USA since 2006. Recently, .she was approached by an I'ndiVidual Via faCebOOk messenger who started discussing crypto currency Investments. Initially, she refused to engage, but after her first small investment, she received a good return in her Bank account. Encouraged by this, she continued investing larger amounts eventually totaling approximately 1.7 Million US Dollars. AIong with report, all relevant documents submitted for investigation. The scammer has been demanding 184000 US Dollars, for which daughter of defacto complainant agreed to arrange in ongole, India within a few days and he is able to collect money through his gang members. Despite initial reluctance, the scammer agreed to accept the amount in Ongole. The scam.mer has been threatening, blackmailing and harassing the daughter of the defacto complainant daily warning her that if she does not pay the amount, he would freeze her funds. The daughter of the defacto complainant is a single mother and she is currently very distressed and frightened. since the situation poses like threatening risk to the daughter of '{he defacto complainant and his family, he submitted the report to take legal action. Basing on the said rgs- -

ft| I+a report, a case in cr.No-.10/2025 u/Secs.318(4), 308(2), 351(2) of BNS, 2023 at A.P CID Police Station, Mangalagiri was registered on 15.5.2025. On 21.5.2025, the Station House Officer of AP CID Police arrested Accused Nos.3 to 5 while receiving money from one Rambabu at H.P Petrol Bunk, Ongole and produced them before the court I concerned for judicial remand. Since then the petitioner has been in judl'cial cu

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