THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12933 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/A.5 seeking anticipatory bail in connection with FIR No.158 of 2025 of Jannaram Police Station, Mancherial District. The offences alleged against the petitioner are under Sections 318(4), 319(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), Sections 66C and 66D of the Information Technology Act and Section 43(2) of the Telecommunications Act, 2023.

2. The case of the prosecution is that basing on the complaint lodged by the Area Sales Manager Vodafone Idea Ltd., the Department of Telecommunications identified SIM Box set up used for cyber crime and impersonation fraud near Raghavendra Theatre, Jannaram, involving misuse of Vodafone SIM cards and GSM Modules for routing international calls and other fraudulent activities. Basing on the complaint the police registered the case against the accused for the above offences.

3. Heard Sri K.Rajashekar, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that petitioner is residing in Thailand for a considerable period and he came to India only for 50 days from 21.03.2025 to 09.05.2025 to celebrate festival and he never visited Jannaram or Mancherial. The only allegation against him is that A.2 made whats app call to the petitioner and basing on a single whats app call, he was arrayed as accused. Petitioner has no connection whatsoever with the alleged offence and A.2 when visited Thailand, happened to meet the petitioner herein who has been residing there for a long time and gainfully employed. Basing on this very case, similar FIRs were registered at L.B.Nagar Police Station and Delhi Police involving identical allegations showing repetitive nature of the allegations without any direct evidence. He further contended that basing on the confession statement of A.2 the petitioner herein is implicated in this case. As such, requested this Court to grant anticipatory bail.

5. On the other hand learned Additional Public Prosecutor opposed bail on the ground that petitioner herein is involved in other crimes vide Cr.No.845 of 2025 of Cyber Crime Police Station, Rachakonda, Cr.No.EFIR-09/2025 of Cyber Police Station, South-West, Delhi. All the accused conspired together to cheat innocent people by using SIM Box for cyber crimes and for extensive remote call activity managing through this SIM Box by doing illegal activities. The investigation in this case is not yet completed and many more witnesses are to be examined by the police. If anticipatory bail is granted he will not cooperate with the investigation and the defrauded money is suspected to be hidden in different locations which have to be elicited from the petitioner herein. 740 SIM cards were procured in the commission of this crime and there is a huge cyber fraud. As such, requested this Court not to grant bail to the petitioner and to dismiss this petition.

6. Considering the submissions made by both the counsel and the material placed on record, the allegations against this petitioner is that he along with other accused involved in a huge cyber fraud and 740 SIM cards were procured by the accused in commission of this offence. Though petitioner stated that he is residing in Thailand the allegations are that he visited India and A.2 also visited Thailand and there is nexus between these visits and also installation of SIM Box. As it is a cyber crime, it cannot be said that petitioner’s presence in India is required for commission of crime. Considering the severity of allegations, this Court declines bail to the petitioner and the same is liable to be dismissed.

7. Accordingly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

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K. S