THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8477 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioners/accused Nos.3 and 4 in Crime No.10 of 2025 on the file of Cyber Crime P.S, Khammam, registered for the offences punishable under Sections 61(2), 238, 306, 316(5) and 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), Sections 43(a), 43(i) and (j) r/w 65 and 66(D) of the Information Technology Act, 2008 (for short ‘IT Act’) and Sections 4 and 6 of the Telangana Gaming Act, 1974 (for short ‘TSGA’).

2. The case of the prosecution is that on 22.03.2025, the complainant, grandson of the victim, lodged a complaint stating that between 04.03.2025 and 16.03.2025, unknown fraudsters cheated his grandfather of Rs.11,49,000/- by making multiple transactions through his mobile phone without the knowledge of the victim or his family, and deleted the transactional messages. Accordingly, the present case was registered.

3. Heard Mr. Tarun Ram Aitham, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed the offence and they were falsely implicated in the present crime, only basing on the confession statement given by the other accused. He further submitted that initially the crime was registered for the offences under Sections 61(2) and 318(4) of the BNS and 66(D) of the IT Act and the punishment prescribed for the said offences is upto seven years. However, with an intention to harass the petitioners, Police included Section 316(5) of the BNS, though the ingredients of the said offence are not attracted against the petitioners. He further submitted that the petitioners have not received any amount either from the victim or from accused Nos.1 and 2 and the entire allegations are levelled against accused Nos.1 and 2 only. He further submitted that the petitioners are eking out their livelihood by doing private employment and they are not having any criminal antecedents. He further submitted that the petitioners are ready to cooperate with the investigation and also ready to abide by the conditions which are going to be imposed by this Court. Hence, the petitioners may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioners along with other accused have committed the serious offences and they have cheated the victim by receiving huge amount of Rs.11,49,000/-. He further stated that there are specific allegations against the petitioners to attract the ingredients of Section 316(5) of the BNS and the investigation is under progress. At this stage, 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 specific allegations have been made against the petitioners. During the course of investigation, it was found that petitioner No.2/accused No.4 was involved in suspicious transactions amounting to over Rs.63,15,567/- between 01.03.2025 and 20.03.2025. It further reveals that 12 criminal cases have been registered against the said accused across India. Petitioner No.1/accused No.3 is identified as a middleman between the cyber fraudsters and the account holders. The petitioners, in conspiracy with accused Nos.1 and 2, committed the offence and in their hands, the victim sustained huge loss of Rs.11,49,000/-. Even according to the learned Additional Public Prosecutor the investigation is under progress.

7. Taking into consideration the facts and circumstances of the case and the gravity and seriousness of the offence, this Court is of the considered view that it is not a fit case to grant anticipatory bail to the petitioners/accused Nos.3 an