+ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE THIRD DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE -.PRESENT: HONOURABLE SRI JUSTICE I ivlALLIRARJUNA RAO CRIMINAL PETITION NO: 3363 OF 2025 Betwee n : pepakayala vijay Kumar, S/o Late Prabhakar Rao, aged 46 years, R/o Flat No.506, RK Residency, BakkannaPalem PM Palem, V'ISakhaPatnam City. ...petitioner/Accused No.1 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High court of AP, Amaravathi Through Stat'lon House Off-leer, MuwalavaniPalem Pol'lce Station, V-lsakhapatnam District. ...Respondent petition under section 480 & 483 of BNSS of 2023 is filed Praying that in the circumstances stated in memorandum of grounds of criminal pet®ItiOn, the High Court may be Pleased tO enlarge the Petitioners/ Accused No.1 on Regular ba" in Crime No.60 of 2025 dated 04.2.2025 on the file of MuwalavaniPalem Police Station, Visakhapatnam City and Distr'lct; The pet-ltion com-lng On for hearing, upon Perusing the Petition and memorandum of grounds of cr'lminal pet-ItiOn and upon hearing the arguments of sr'l s.srinivasa Rao, Advocate for the Pet'ltioner and Public prosecutor for the Respondent; [3369] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO _CRIMINAL PETITION NO: 3363/2025 Between : pepakayala vijay Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused: 1. S SRINIVASA RAO counsel for the Respondent/comPlainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.48O & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A1, seeking bail, in crime No.60/2025 of Muwalavanipalem Police Station, Visakhapatnam Commissionerate. 2. A case has been registered againStthe Petitioner and OtherSfOrthe offence punishable u/sec.318(4), 61(2) r/w 3(5) of B.N.S and Section 21(1 )(2)(3), 22, 23 of Banning of Unregulated Deposit Schemes Act, 2019 (for short BUDS Act). -s553ckJS-9 --- ---19 2 I/ 3. Heard learned counsel for the petitioner/Al and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 04.02.2025 at 7.00 pm, the complainant Pyla Venkatarao gave a complaint to police stating that there is a Nuz Overseas carrier consultancy with a branch office in Visakhapatnam and the C.E.O is A1. They advertised in papers in october 2023 seeking candidates for jobs like warehouse supervisor and store keeper in European countries within the Schengen area. Knowing the same, the complainant met the Al and other officials of the company. They interviewed the complainant and they mentioned positions for warehouse supervisor in the Schengen area with a salary of Rs.1,50,OOO/-per month along with free food and accommodation. They require 6,00,000/- as charges towards visa and work permit processing charges for European countries. Complainant and another ll members were joined in the comparly by paying some amount and they were sent to Montenegro with fake work permits. After reaching there the complainant and others were offered the job of cleaning the toilets, cutting grass and carrying bundles etc. Unable to bear the same all of they returned to India and when the same was brought to the notice of the Al and other officials in the company, they did not care. Hence the Al and others cheated the complainant and others to a tune of approximately Rs.661981000/-. `t2ee c=se G5F-i5=-ifS3S\ 3 r, 5. Heard. Perused the record. 6. Learned counsel for the petitioner subml'ts that the petitioner is an employee in the company and the company offered jobs to the complainant and others but they did not show willingness to do the jobs on their own. lt is the grievance of the victims that instead of providing supervisor jobs, they offered labour works. Learned counsel for the Petl-tiOner COntends that though the crime has been registered under section 21, 22, 23 of BUDS Act, but it has no application to the facts of the case. He further brought to the notice of the court the definition of the deposit as contained in section 2(4) of the Act and it is not the case of the Prosecution that amount is deposited. 7. Learned Assistant Public Prosecutor submits that investigation in this case is at crucial stage and some more witnesses are to be examined huge amount was collected by the company in lieu of providing jobs but the same were not provided to the complainant and victims and prays to dismiss the criminal petition. 8. The allegations in the petition do not attribute that the complainant deposited the amount. But it seems that the complainant and others have paid some amount to get job. At this stage it is somewhat doubtful to give a defI|nI-te fI'nding on the applicability of the sections 21, 22 and 23 of BUDS Act attributed against the petitioner. on the other hand learned counsel for the petitioner has placed reliance on the copy of the order - czfzrf3* - 4 I/ passed by this Court in Crl.P.No.2592 of 2O25 dated ll.3.2025 which seems that the petition was filed by A2 and A3. They contended in crl.p.No.2592 of 2025 that the provisions of the BUDS Act would not be attracted and it is further submitted that Section 3(17) defines an lunregulated deposit scheme', and the same would not be applicable in so far as the allegations against the Petitioner I-S concerned. Considering the same, this court directed the Investigating officer to complete the investigation without taking any coercive steps against the petitioners/A2 and A3. Whereas this petition Was filed by Al who is the C.E.O of the company and he was remanded to judicial custody on 23.02.2025. 9. Learned counsel for the Petitioner Submits that further detention Of the petitioner is not required as it appears that the payment of the amount is not disputed. lt is submitted that the company offered jobs in abroad for a salary of Rs.1,5O,000/-and directed to pay Rs.6,00,000/-towards visa fee and work permit processing charges for European countries and also directed to pay an amount of Rs.2,00,000/- as advance from each person. The company provided jobs in European countries but as stated by the complainant and victims that they were provided job of cleaning toilets and cutting grass etc for which they are unw'llling to do and returned back. 10. Considering the nature of the accusation, this court finds that the release of the accused would not cause tampering of evidence and >€rra I_ LIEEiiiiEEEEEii hampering of investigat'lon. #' lt is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice. considering the entire material on record, this court is inclined to grant bail to the petitioner with some conditions. ll. ln the result, the Criminal Petition iS allowed with the following conditions: (i) The petitioner/Al herein Shall be released on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned special Judge for trial of cases under Banning of Unregulated Deposit Schemes, 2019 Gum principal District and Sessions Judge, Visakhapatnam; (ii) on release, the petitioner shall appear before the Station House Officer concerned Once in a Week in between 10.00 a.m. and o1.OO p.m., for a Period Of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. Sd/- N.Nagamma ASSISTANT RE //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for Trial of Cases under banning of Unregulated Deposit Schemes, 2019 Gum Principal District & Sessions Judge, Visakhapatnam 2. The Superintendent, Visakhapatnam Central Jail. 3. The Station House Officer, Muwalavanipalem Police Station, Visakhapatnam District. 4. One CC to Sri. S.Srinivasa Rao, Advocate [OPUC] 5. Two cos to Public Prosecutor, High Court of AP [OUT] 6. One spare copy MM / / // 6/ ~/ ®#_ HIGH COURT TMR,J DATED:03/04/2025 ORDER CRLP.No.3363 of 2025 ALLOWED •ii::I;!;; ',&, -Snyffs€ENffk Tuts i-£ L®, 4 ^PR lusl fa£#grha.*isstng*=S*EthA£ iz').;I,(I I:I ;`'',\ t=J I ?1.i )