THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8211 of 2025

ORDER

This Criminal Petition has been filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.1, seeking anticipatory bail in connection with Crime No.224 of 2024 on the file of the Begumbazar Police Station, Hyderabad registered for the offences punishable under Section

309(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. No representation on behalf of the petitioner either physical mode or virtual mode.

3. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

4. The case of prosecution in brief is that on 09.11.2024 at 5-50 p.m. accused No.1 called the complainant and asked him to come near Aadab Hotel, Nampally by saying that he came from Guntur to purchase cosmetics. Believing the same, complainant went to Aadab hotel, where accused Nos.1 to 3 and another person are waiting. When the complainant reached there, accused Nos.2 and 3 took him on his bike and later accused Nos.1 and 2 got into a cab along with the complainant and took him towards Suchitra and in the meantime, they threatened the complainant saying that they are from Police Department and made the cab driver also to believe the same. Later accused No.1 took the bank card of the complainant as he was not carrying any amount and went to Suchitra, where accused No.1 gave the bank card to the cab driver and asked him to draw Rs.40,000/-. Believing them as Police, cab driver withdrawn Rs.40,000/- from two ATMs and further they went to a petrol bunk near Alwal road and there, accused No.1 said the cab driver to swipe the card for possible amount, for which he agreed and swiped the card for Rs.40,000/- and entire amount was handed over to accused No.1 by the cab driver. They tried to withdraw more amount but the daily limit was reached by that time. As such accused No.1 took the mobile phone of the complainant and transferred an amount of Rs.20,000/- by scanning QR Code. Totally Rs.1,00,000/- was taken from the complainant. Thus, the accused persons have committed an offence punishable under Section 309(6) of BNS.

5. Learned Additional Public Prosecutor submitted that the petitioner has committed the grave offence and there are specific allegations levelled against the petitioner to attract the ingredients under Section 309(6) of BNS. He further submitted that the petitioner is absconding since 11.11.2024 and he is also involved in three other crimes, which are pending against the petitioner and the investigation is under progress. Therefore, at this stage, if the petitioner is granted anticipatory bail, he will interfere with the investigation and influence the witnesses. Hence, the petitioner is 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 and serious allegations levelled against the petitioner to attract the ingredients under Section 309(6) of BNS. Learned Additional Public Prosecutor placed the written instructions furnished by the Sub-Inspector of Police, Begumbazar Police Station, which reveals that the petitioner is involved in three other crimes i.e., Crime Nos.198 of 2021 of Begumbazar P.S., 101 of 2023 of Kachiguda P.S. and 63 of 2024 of Afzalgunj P.S. and the investigation is under progress.

7. Taking into consideration the above said facts and circumstances and also gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner/accused No.1.

8. Accordingly, the Criminal Petition is dismissed.

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

______________________________ JUSTICE J.SREENIVAS RAO

Date: 14.07.2025

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