THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10710 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.2 in Crime No.55 of 2025 of CCS, DD Police Station, Hyderabad.

2. The brief facts of the case are that on 26.04.2025 the de-facto complainant lodged a complaint stating that a common acquaintance introduced her to one Kotamarthi Nageshwara Sharma in May, 2022, who introduced himself as the Manager of SBI Stressed Assets Branch, Koti. The said person approached her multiple times stating that he had a good investment proposal, knowing that her daughter is living in abroad. To secure the investment, he used to frequently visit the house of her sister, P. Vinoda, on one pretext or the other and tried to convince her regarding the said investment proposal, promising very good returns. Basing on the same, as the said properties were in prime areas, i.e., Himayathnagar, Tarnaka, D.D. Colony and Banjara Hills, she started paying him money for the purchase of the said auction properties and he also stated that the bank was auctioning gold ornaments pledged with the bank. Believing his words she paid Rs.6,42,78,000/- on multiple occasions from May 2022 to December 2024 towards the purchase of auction plots, houses and gold ornaments through cash, UPI and online transfer. The said amount comprises the lifelong savings of herself, her husband, and family members, which includes hand loans taken from near and dear ones and proceeds from sold properties belonging to family members, along with a substantial amount of hard-earned money of her daughter and son-in-law living abroad. Thereafter, he showed multiple letters pertaining to different departments such as the Government of Telangana, RBI, Ministry of Finance (Government of India), GST Department, and SBI. Believing those documents, over more than two years, she paid towards the purchase of five properties and gold, but he never registered a single property in her or her family members' name. Upon making inquiries with near and dear ones, she came to know that she was deceived by the petitioner and as such, requested the police to take necessary action, and basing on the same, the police registered case against the accused.

3. Heard Sri K. Satish Chakravarthy, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that there are no allegations against the petitioner and whatever the allegations are only against accused Nos.1 and 3 to 8, and investigation has revealed that offence has been committed by accused No.1 by conspiring with accused Nos.2 to 8. He further submitted that there are no specific allegations against the petitioner and the material part of the investigation was already completed. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5. Learned Additional Public Prosecutor filed counter affidavit stating that according to the prosecution accused No.2 by conspiring with accused No.1 and other accused persons, posed himself as Assistant Director, SBI, Estates & Finance, SBI Koti, Hyderabad and spoke over mobile phone with the victims by assuring to allot auctioned properties from SBI, Koti Branch and induced them to pay amounts to accused No.1. Accordingly, accused No.1 by conspiring with accused Nos.2 to 8, forged and fabricated various letter of State/Central Government Departments by forging the signatures of the respective officials and shared those letters through Whatsapp to several victims to make them believe that their process are genuine and thereby succeeding in extorting about Rs.20 Crores. He further submitted that accused No.2 posed himself as bank official over phone and insi