THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5468 of 2024

ORDER

This Criminal Petition is filed, under Section 438 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioner/accused No.4, seeking anticipatory bail to the petitioner/accused No.4 in Crime No.5 of 2024 of Cyber Crime Police Station, Hyderabad, registered for the offences punishable under Sections 419, 420, 409 and 506 read with 120-B of IPC and Section 66D of the Information Technology Act, 2000-2008 (for short ‘the Act, 2000-2008’).

2. Heard Sri G. Vasantha Rayudu, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner submits that the ingredients of the offence under Section 409 of I.P.C. are not applicable to the petitioner and insofar as other offences punishable under Sections 419, 420 and 506 read with 34 of IPC and 66D of the Act, 200-2008, as the punishment prescribed for the offences alleged against the petitioner is less than seven years, the Investigating Officer may be directed to follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, [(2014) 9 SCC 273]. He also relied upon the order passed by this Court in Criminal Petition No.895 of

2024.

4. Learned Additional Public Prosecutor had not opposed the same.

5. In view of the above said submissions and also the order passed by this Court in Criminal Petition No.895 of 2024, though the petitioner is charged with the offences under Sections 419, 420, 409 and 506 read with 120-B of IPC and Section 66D of the I.T. Act, 2000, prima facie Section 409 of IPC is not applicable to the petitioner herein and without going into the merits of the case, the petitioner/accused No.4 is directed to appear before the concerned Investigating Officer on or before 16.05.2024 between 02.00 P.M. and 04.00 P.M., and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar (supra), scrupulously. However, the petitioner/accused No.4 shall cooperate with the Investigating Officer as and when required and provide the information and documents sought by him to conclude the investigation. If the petitioner/accused No.4 is not cooperating with the investigation, the Investigating Officer is at liberty to take action, in accordance with law. The petitioner/accused No.4 shall file all the documents, if any, before the Investigating Officer to prove that he did not come under the offences with which he was charged and the Investigating Officer shall consider the same and file appropriate report before the Court concerned.

6. Accordingly, this Criminal Petition is disposed of.

As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed.

______________________________ JUSTICE J.SREENIVAS RAO Date: 09.05.2024 NDS