The court ruled that anticipatory bail cannot be granted when non-bailable warrants are pending and the accused is absconding, emphasizing the trial court's role in assessing bail applications.

ORDER: 

This criminal petition is filed by the petitioner-A7 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail in the event of his arrest in CC No.53 of 2021 dated 15.04.2021 on the file of the Metropolitan Sessions Judge, Nampally, Hyderabad.

2. The case of the prosecution, in brief, was that the de facto complainant lodged a report before the Central Crime Station, Detective Department, Hyderabad, stating that in the month of August, 2019, he opened a Demat trading account with M/s.Conard Securities Private Limited with ID No.23001 and transferred Rs.1,55,00,000/- to the said account on 03.09.2019. Later, in the month of December, 2019 and again on 25.01.2020, he requested for withdrawal of funds, but he got no response. After waiting for a month, he filed a complaint with NSE for which he got a response from Mrs.Shika Hemang Shah, Director of M/s.Conard Securities Private Limited requesting to withdraw the complaint and assured to start payment by 10 th July, 2020. But, on completion of the said period also, he could not get any further communication from the concerned. As such, under the fear that the funds might have been swindled, he lodged the complaint.

3. After conducting a preliminary enquiry, the Sub-Inspector of Police of Special Team-II, CCS, DD, Hyderabad, registered a case in Crime No.93 of 2020 for the offences under Sections 406, 409 and 420 IPC.

4. After conducting investigation, the Assistant Commissioner of Police, C-Division, CCS, DD, Hyderabad filed charge sheet stating that the investigation revealed that A1 Company-M/s.Conard Securities Private Limited and A2 Company-M/s. Manoj Javeri Stock Broking Private Limited were sister concern companies, having registered the A1 Company with the Registrar of Companies and A2 Company with SEBI and incorporated with ROC. A8, A9, A11 and A12 were the Directors of A1 Company and A5, A6 and A7 were the Directors and A8, A9, A18 were the shareholders of A2 Company and A10, A13, A14, A15 and A16 were the Directors of A3 company and shareholders of A1 Company. The nature of the business of A1 and A2 Companies was trading in capital market and futures and options segments. A2 Company was declared as defaulted company on 10.06.2017 by SEBI and NSE, notice dated 17.03.2010 was given. By suppressing the above fact of defaulter for trading in NSE and BSE with the collusion of A2 sister concern company and A3 M/s. Trillion Capital Private Limited, wherein A10 as a CEO and A5, A13, A14 as the Directors and A15 and A16 as shareholders of A3 Company, altoghter conspired and lured LWs.1 and 3 and 298 other clients from Karnataka, Mumbai and Dubai and collected deposits/investments on the promise of high returns in the A1 Company. All the accused persons diverted the invested/deposited amount into a defaulted company i.e. A2 knowingly. Thereafter, they diverted the deposits/investments of LWs.1 and 3 and others into their personal accounts. A5 and A6 purchased immovable properties. The movable properties in the names of A9, A14, A11 and A12 and A10 in banks were freezed and a report was sent to the Home Department of Telangana State for interim orders for attachment of the properties under Section 3 of the Telangana State Protection of Depositors Of Financial Establishments Act, 1999 (for short ‘TSPDFE Act’). Accordingly, G.O.Rt.No.304 dated 02.03.2021 was issued by the Principal Secretary to Government, Home (Passports) Department, Telangana State. Several criminal cases were registered against A1 Company for collection of deposits from the investors/victims in Karnataka State and Cyberabad Commissionarate of Telangana State and they were under investigation.

5. It was further stated that A1 to A18 colluded with each other collected deposits/investments of Rs.1.80 Crores from LW1 and LW3 and several crores of rupees from 298 other clients with a promise of high returns and diverted the amount into A2 Company which was decla