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High Court of Andhra Pradesh · body
2025 DAILYLAW 19538 (AP)
MUSHIDIPALLI DIWAKAR v. THE STATE OF ANDHRA PRADESH
CRLP/5608/2025 · 2025-05-28
Y Lakshmana Rao
body2025
[ 2025 DAILYLAW 19538 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 19538 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
a IN THE HIGH COURT OF ANDHRA PRADESH AT AMAI / THURSDAY, THE TWENTY NINETH DAY OF M/ TWO THOUSAND AND TWENTY FIVE .|PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA Between: CRIMINAL PETITION NO: 5608 OF 2025 1.MushidI'Palli Diwakar, S/o Venkata Rao, Aged about 28 years, K.Belagam Village, Parvathipuram Town, Parvathipuram Manyam District. 2.Ambati Ram Mohan Rao, S/o Bhaskara Rao, Aged about 37 years, Subhadra Village, Balijipeta Mandal, / Parvathipuram Manyam District. 3.Mahanthi Ganesh, S/o Eswara Rao, Aged about 20 years, Antyakula Veedhi, Opp Sai Ganapathi, Bobbili, Vizianagaram District. 4.Samireddi Vasu, S/o Gopala Rao, Aged about 37 years, Ravu vari Street, Bobbili, Vizianagaram District. 5.Pottangi Mohana Rao, S/o Late Pydjtalli, Aged about 28 years, Tarapuram Village, Ramabhadrapuram MandaI, Vizianagaram District. 6.Pottangi Thammi Naidu, S/o Gopala Rao, Aged ab.out 27 years, Tarapuram Village, Ramabhadrapuram MandaI, Vizianagaram District. /
© 7.Mudad!a Pydi Ffaju, S/oLateSatyam, / Aged about 32 years, Maruthi Colony, Ramabhadrapuram Mandal, V'lzianagaram District. 8.Taddi Sankara Rao, S/o SimhachaiarmF Aged about 27 years, Madhupada Vi!§age, /; Gajapatinagaram Mandal, Vizia'nagaram District. 9.Gedela Srinivasa Rao, S/o Late ChE'rEr§a Rae± Aged about 32 years, Ravu Vari Street, Bobbili, Vizianagaram District. 10.Seerapu Narayana Rae, S/a SaftyarRE¥ Aged about 26`yeers, 34 Sangas!H5 subhadra villageI Balijipeta REan#a§fi parvathipuram Manyam DistrfcL \1.Therli Mohana Rao, S/o Simhacha!arm~. Aged about 36 years, Subadra VT¥E£age= Balijipeta Mandal, parvathipuram Manyam District. ... peffi5®,aseisELi§lffgr±=se# AND The State of Andhra Pradesh3 represented by publ'lc Prosecutor: High CourtofAndhra Pradesh, /' at Amaravathi . (Cr.No.102/2025 of bobbili Town Police Station) - I\,a+¢lI,l~I,~riL¢/£`'Iif}J£{1
A:Pl-_-- Petition under sectI|OnS 480 & 483 of BNSS/ Under Sections 439 of cr.p.c praying that in the circumstances stated in the memorandum of grounds filed I'n Support Of the CrI-minal Petition, the High Court may be pleased to release the petitioners on bail in Cr.No. 102 of 2025 of Bobb"i Town Poll'ce StatI'On, VI'ZI-anagaram District pending I-nvestjgation, trial in the said crime. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of M/s T V SRI DEVI Advocate for the petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following The Court made the following:
ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the petitioners/Accused Nos,.1 to ll on bail in cr.No.102 of 2025 of Bobbili Town Police Station, Vizianagaram District, registered against the petitioners/Accused Nos.1 to ll herein for the offence punishable under Section 111 (2), 318 (4) read with Section 3 \_-i-_-
(5) of the Bharatiya Nyaya .Sanhita, 2023 (for brevity {the BNS'), and J. Section 66-D of the Information Technology Act, 2000. o=-I-a
2. The case of the prosecution, in a nutshell, is that the petitioner/Accused No.1 obtained Admin ID for the online betting application Radhe exchange from Niranjam Reddy of Bangalore and developed a network of Agents across several locations and developed users with the help of above promoting online gaming and shared gaming App links through Whatsapp and the petitioner/Accused No.1 offered share and percentage to the Agents for expansion of the betting network apart from the Radhe Exchange and the petitioner/Accused No.1 and GundaI NavI-n and Edubilli Santosh of Parvatipuram obtained another Admin lD for another online betting application national Exchange and then after above altogether planned to attract youth towards IPL betting and push them into betting to collect huge amounts of money from the youth around 200 members in Vizianagaram, Parvatipuram and Visakhapatnam Districts and promoting the above online gaming applications and spoiling their lives, basing on the confessions given by the petitioner/Accused No.1, another accused Ambati Ramamohan, Accused Nos.1 to ll are apprehended by the police. i E :±=ao a
3. Heard learned COunSel f6rthe petitioners and the learned Assistant public prosecutor. Perused the record. 4. Ms. T.V.Sri Devi, the learned COunSel for the Petitioners Submits that the petitioners have not committed any offences; the petitioners would abide by any condit'lons to be imposed by this Court; and urged to allow the petition. 5. Per cor7fra, Ms. P. Akila Naidu, the learned Assistant Public prosecutor] opposed in granting of bail stating that the investigation is not completed; if the petitioners are enlarged On bail, they WOuld not be available for the investigation and they WOuld escape from the Clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the Petitioners/Accused Nos.1 to ll have been in the judicial custody for the past 147 days. 7.
In v'lew of the nature and gravity Of the allegations levelled against the petitioner/Accused No.1, this Court is not inclined to enlarge the petitioner/Accused No.1 on bail. Hence, the petition against the petitioner/Accused No.1 is dismissed. However, consicie!'ing the nature and gravity of the allegations levelled against the petitioners/Accused Nos.2 to ll, this Court is inclined tO enlarge the Petitioners/Accused Nos.2to ll on bail. € of` .-rfc-
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8. ln the result! the criminal petition is partly allowed with the following stringent conditions: i. The petitioners/Accused Nos.2 to ll shall be enlarged on bail subject to them executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Bobbili. ii. The petitioners/Accused Nos.2 to ll shall appear before the Station House Officer, Bobbili Town Police Station, Vizianagaram District, on every Saturday in between 10:00 am and 05:00 pm, t'lll cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.2 to ll shall not leave the limits of the District without prior permission from the learned I Additional Judicial Magistrate of First CIass7 Bobbili. iv. The petitioners/Accused Nos.2 to ll shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.2 to ll shall cooperate with the -Investigating officer in further I-nvestigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. I a
---.I-='+: To, vi. The petitioners/Accused Nos.2 to ll shall not, directly or indirectly, make any inducement, thteat or promise to any person acquainted with the facts of the case so,as to I dissuade him/her from disclosing such facts to th`e court Or to any police officer. Sf`fi/- §K,: ithde#Bo ne+fb£F§' ASSISTANT` R Fo //TRUE COPY// i S TR#\ffl F; SECT!®N ®Ffrae!S|=if=?a R
1.
The I Additional Judicial Magistrate of FI-rS{ Class at Bobbili, Vizianagaram District
2. The Superintendent, sub-Jail, Bobbili, Vizianagaram DI-Strict
3. The Station House Officer, Bobbi]i Town Police Station, Vizianagaram DistrI'Ct
4. One CC to M/s T V SRI DEVl, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy r PSR
\` HIGH COURT DR.YLR,J DATED:29/05/2025 BAIL ORDER CRLP|No.5608 of 2025 PARTLY ALLOWED i ,I_ riirfffi^