IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
petitioners/accused Nos.1 and 2 – Appellant
Versus
State – Respondent
CRIMINAL PETITION No.8326 of 2025
| Table of Content |
|---|
| 1. legal basis for anticipatory bail application. (Para 1 , 2) |
| 2. allegations of fraud and involvement of petitioners. (Para 3 , 4 , 5) |
| 3. court's assessment of evidence and severity of claims. (Para 6) |
| 4. court's final decision on the bail application. (Para 7 , 8) |
ORDER
This Criminal Petition has been filed under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNS S ’) by the petitioners/accused Nos.1 and 2, seeking anticipatory bail in connection with Crime No.980 of 2025 on the file of the Cyber Crimes Police Station, Hyderabad registered for the offences punishable under Sections 66-C and 66-D of the Information Technology Act, 2000-2008 and Section s 318 (4), 319(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).
2. Heard Mr.Shaikh Chand Ahmed, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-
State.
3. The case of prosecution in brief is that on 3.3.2025 Lokesh Parmod Patil, joined in a whatsapp group, he remained a passive observer in the group till 23.03.2025, and thereafter approached the group, one coordinator who identified herself as Divyangana Thorat, explained about investment of funds handled through SEBI regulated third party accounts for security and she added that they pool funds from group of members, they were able to meet eligibility criteria for these off market trades and offered investment opportunities in block trade and made him to transfer an amount of Rs.17,80,500/- on the guise of 20- 30% returns, and thereafter vanished, and during course of investigation, it revealed that an amount of Rs.5,50,000/- was transferred to the account of KGN Traders maintained with Bandhan Bank, pertaining to the accused No.1 and operated by accused No.2.
4. Learned counsel for the petitioners submitted that the petitioners have not committed the offence and they were falsely implicated in this crime. The petitioners as soon as received an amount of Rs.5,50,000/-, they approached the Officers and informed about the same. On the other hand, the police have implicated the petitioners in the present crime, though they also the victims in the alleged cyber crime. He further submitted that the petitioners have not received any amount neither from the de facto complainant nor from the other victims. The petitioners are ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court.
5. Learned Additional Public Prosecutor submitted that the petitioners have committed the grave offence. The de facto complainant invested huge amount in the account of petitioner No.1 operated by petitioner No.2. The petitioners are involved as accused in 23 cases throughout India and the investigation is at the threshold. Therefore, at this stage, if the petitioners are granted anticipatory bail, they will interfere with the investigation and influence the witnesses. Hence, the petitioners are not entitled for grant of anticipatory bail.
6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are specific allegations levelled in the complaint against the petitioners to attract the ingredients under Sections 338 and 340(2) of BNS . The record further reveals that an amount of Rs.5,50,000/- was received in the name of KGN Traders pertaining to accused No.1 and the same was maintained by accused No.2. The record also reveals that the petitioners involved in 23 cases throughout India and the nature of allegations levelled in the said cases are also similar in nature of the allegations levelled against the petitioners in the present crime. The total amount invested by the de facto complainant and other victims is an amount of Rs.17,80,500/-. Even according to the learned Additional Public Prosecutor, the investigation is at the threshold.
7. Taking into consider
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