THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8008 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.4 in Crime No.260 of 2025 on the file of the P.S. O.U.City, Hyderabad, registered for the offences punishable under Sections 318(4), 316(2), 336(3), 340(2), 338 and 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution in brief is that on 05.06.2025, the de-facto complainant lodged a complaint stating that while staying alone for studies, his degree friend Praveen Kumar Reddy approached him in July 2024, claiming to have contacts for securing a government job. Praveen introduced him to Kiran Kumar Reddy, Praveen Sai, and later Sanjeev Kumar, who claimed to work at ISW, KTR. They assured him of a Junior Assistant post at the MRO office, Hitech City. Believing them, the complainant paid a total of Rs.7,90,000 (Rs.50,000 via PhonePe to Praveen, Rs.3,00,000 in cash to Kiran, and Rs.4,40,000 in cash to Sai). They gave him a fake appointment order allegedly signed by the Revenue Minister and Collector. Upon inquiry, he realized it was a scam, with a case already registered at Marredpally PS. Despite repeated requests, they returned only Rs.70,000/- and have since become unresponsive. Basing on the said complaint, the aforesaid crime was registered against the petitioner and other accused for the aforesaid offences.

3. Heard Mr.A.Siva Prasad, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that, in both the complaint and the remand case diary, there are no specific allegations against the petitioner to attract the ingredients of the alleged offences, as he neither received any amount from the de- facto complainant nor from the other accused, and the entire allegations are levelled against the other accused. He further submitted that the petitioner was arrested on 11.06.2025 and since then he is in judicial custody and the entire investigation is completed, except filing of charge sheet. He further submitted that the petitioner is discharging his duties as police constable and he is not having any other criminal antecedents. He further submitted that the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court. Hence, prayed for grant of bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner, in collusion with the other accused, cheated the de-facto complainant by collectively receiving a total amount of Rs.7,90,000/- and issuing a fabricated employment order in his favour. He further submitted that the investigation is under progress and if the petitioner is granted bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner, in collusion with the other accused, received a total amount of Rs.7,90,000/- from the de-facto complainant on various dates under the guise of providing employment and issued a fake employment letter to him. Even according to the learned Additional Prosecutor, petitioner is also an accused in Crime No.1135 of 2024, registered for the offences punishable under Sections 316(2), 318(4), 336(2) and 340(1) r/w 3(5) of the BNS, which is pending on the file of the Medipally Police Station and the investigation is under progress.

7. Taking into consideration the facts and circumstances of the case and since there are serious allegations against the p