Telangana High Court

CRLP/15408/2024 of Vanthadupula Suresh Vs State of Telangana on 31 December 2024

COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY,THE.THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTV rOUN PRESENT THE HONOURABLE SMT JUSTICE K, SUJANA CRIMI NAL PETITION NO: 1 oF 2024 Between: AND yil:xi:illl1"l'ff 'Afi lxiflifi

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY,THE.THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTV rOUN

PRESENT

THE HONOURABLE SMT JUSTICE K, SUJANACRIMI NAL PETITION NO: 1oF 2024

Between:

yil:xi:illl1"l'ff

'Afi lxiflifi J":il.,ifi_t3;,i,'"153i's33i;"',,113"

, ..PETITIONER

AND

ilt':,3i#lTr',il?rt? [j/"tijg"Js:"rTj,:",:,Hishcourtorreransana,]

...RESPONDENT

Petition under Section 4g2 of BNSS, praying that in the circumstancesstated in the Memorandum of Grounds of Criminal petition, the High Court maybe preased to enrarge the petitioner on bair in the event of his arrest instated in the Memorandum of Grounds of Criminal petition, the High Court maybe preased to enrarge the petitioner on bair in the event of his arrest inconnection with the case in crime No.2656 0f 2024 0n the fire of cyber crimeP.S., HyderabadP.S., Hyderabad This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of criminar petition and upon hearing the arguments of Sri N,MMANARAYANA, Advocate for the petitioner and the public prosecutor (TG) onbehalf of the Respondent The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.154O8 of 2O2+

ORAL ORDER:

Page 1 of 3

This Criminal Petition is filed under Section 482 of BharatiyaNagarik Suraksha Sanhita, 2023 (for short'BNSS) for grant of pre-arrest bail to the petitioner, who is arrayed as accusecl in CrimeNo.2656 of 2O24 of Cyber Crime Police Station, Hyderabad.

2. The brief facts of the case are that on O6. I 1.2024, RohitKumar/de facto complainant lodged a complaint stating that he isthe victim with regard to the online financial fraud, with a loss ofRs.9,01,873/-. The victim claimed to have received er Telegrammessage from Nishu, offering a work-from-home opportuniry,which led to a series of transactions and deposits into variousbank accounts. The victim provided transaction details, includingdates, account numbers, and amounts.

3. Heard Sri Nimma Narayana, learned counsel appearing onbehalf of the petitioner as well as Sri Sri Syed Yasar Mamoon,learned Additional Public Prosecutor appearing for respondent -State.

4. Learned counsel for the petitioner submittecl that thepetitioner is the victim ol online fraud, recounts a series of events SKS,JCrl.P.No.lS4O8 of 2024

that led to his bank account being misused. On 19.1O.2O24, Mr.Arun helped the petitioner open a savings account at Bank ofMaharashtra, Siddipet Branch. The petitioner handed over accountdetails to Mr. Arun on 24.10.2024, who then opened a Binanceaccount and KYC-verified it using the Aadhaar card of thepetitioner. He further submitted that the petitioner was unaware ofthe Binance account login details and that when the petitionertried to recover Rs.1,OO0/- borrowed by Mr. Arun, he was informedthat his account details had been shared with a third party,putting him at risk of fraud. Despite the efforts of the petitioner toblock the account and report the incident to the bank and police,numerous transactions totaling Rs.2g,7 1,0O0/_ were madethrough his account on 26.10.2024. Thereafter, the petitionerreceived a notice from Cyber Crime p.S, Hyderabad, on05.11.2024, and fears arrest without justification, prompting himto seek relief from this Hon'ble Court. Therefore, he prayed theCourt to grant pre-bail to the petitioner by allowing this CriminalPetition.

5. On the other hand, iearned Additional public prosecutorsubmitted that the allegations leveled against the petitioner areserious in nature, at this stage, granting of pre-arrest bail to thepetitioner does not arise. Further, the investigation is not yet I

Page 2 of 3

Therefore, [he prayed ][the ][Court ][to dismiss the ][criminal]completedpetition.

6. In the light [of the ][submissions ][made ][by ][both ][the ][learned]counsel [and ][a ][perusal ][of ][the material ][available ][on ][record' ][it ][is]noted that [that ][the bank ][account ][of the ][Petitioner was implicated]in a transaction [resulting ][in ][a ][substantial financial loss ][of ][Rs']g ,O1,8731 - for thevictim. [Further, ][this ][amount ][remarns]unrecovered [to ][date']In light [of ][the ][severity ][of ][the ][offence ][and ][the]remains [unknown, ][the Court ][is]fact that [the ]Primary [Perpetrator]the [petitioner ][at ][this ][juncture']not inclinecl [to ][grant ][bail ][to]find anY [merit ][in ][the ][criminal]Therefore, [this ][Court ][does ][not]and the [same ][is ][tiable ][to ][be]petition [to grant bail to the ][petltloner]dismissed 7Accorciinglv, [this Criminal ][Petition ][is dismissed]

Miscellzrtreousapplications,ifanypending,shallstand Sd,. P. [PADMA][NABHA ][REDDY]ASST REGISTRAR

closed

//TRUE [COPY//]

ECTION [OFFICER]

To,

IThe Court [of ][Xll Additional Chief Judicial Magistrate ][at ][Hyderabad']2The Station [House Officer' Cyber Crime ][Police ][Station' Hyderabad]2Two CCs [to the Public Prosecutor, High ][Court for ][the State ][of ][Telangana, at]Hyderabad [OUT]2The Station [House Officer' Cyber Crime ][Police ][Station' Hyderabad]2Two CCs [to the Public Prosecutor, High ][Court for ][the State ][of ][Telangana, at]Hyderabad [OUT]\4one CC to [SRI ][NIMMA NARAYANA' Advocate ][[OPUC]]4one CC to [SRI ][NIMMA NARAYANA' Advocate ][[OPUC]]

I

Two CD [CoPies]

Ys

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II

HIGH COURT

DATED:31 11212024

-I HE S147()14 FEB2W$(I\-i!) : s.r6.iC !r F-(]

ORDERGRLP.No.15408 of 2024

DISMISSING THE CRIMINAL PETITION

4[a][lat]

II

I

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