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2025 DAILYLAW 20140 (AP)

JAMPANA VINEETH VARMA v. State of Andhra Pradesh

CRLP/5856/2025 · 2025-07-06

A Hari Haranadha Sarma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARM CRIMINAL PETITION NO: 5856 OF 2025 Betwee n : -/ Jampana Vineeth Varma, S/o.Venkata Srinivasa Raju, Hindu, Aged 27 years, Business, Flat No,102, Swathi Apartment, Sriramapuram, Bhimavaram Town and Mandal, West Godavari District. Petitioner/Accused No.13 AND State ofAndhra Pradesh, (Through S.H.O. Rajanagaram P.S., East Godavari District) Rep. by its public Prosecutor, HI'gh Court of Andhra Pradesh at Amaravati. Respondent/Complainant petition under section 482 of BNSS, 2023(Section 438 of Cr.P.C), js fl'Ied praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitl'oner/Accused No.13 on bail in the event of arrest in crime No.115/2025 on the file of Rajanagaram Police Station, East Godavari DistrI'Ct. The petition coming on for hearl-ng, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Srl- Y SUDHAKAR, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER I --==J I THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA crI.P.No.5856 of 2025 ORDER: The petitioner herein, who is arrayed aS A13 in Cr.No.115/2025 of Rajanagaram Police Station, East Godavari District, filed the present I application invoking section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS], with a prayer for grant of pre-arrest Bail, d'lrecting release in the event of his arrest in respect of the crime mentioned. The Gas.e is registered with the allegation of committing the offences under sections 111 (2), 318(4), 61 (2) r/w 3(5) of BNS and Sections 3 and 4 of the Gaming Act. 2. Heard both sides. 3. Point for determination: Whether the petitioner/A13 is entitled for grant of pre-arrest bail in terms of Section 482 of BNSS? lf so, on what terms? Case of Prosecution:- 4. On credible information of organized cricket betting taking place at Bride county, Chakradwarapuram village, with the permission of D.S.P., North Zone, the Sub Inspector of Police, Rajanagarma Police Station has conducted search on 09.03.2025, in the presence of mediators, A1 {o A12 were found red handedly, while they are organizing on-line cricket betting using laptops and cell phones. Recove'ry was effected and statements of Al to A12 were recorded, which disclose the involvement of A13, as Chief Organiser of the -irtzzf.- `+ 3 crlcket bettlng Hence, the petltIOner/A13 ls llable for prosecutlon andca punishment for the offences, for which the case is registered. Submjssjons of the learned unsel for 5. Except on the inadmissible confession of co-accused, whl-ch was made Ion the presence of Police, there is no other basis to tag the petjtjoner with the crI'me alleged. The petj{joner js working at Dubai. He was neither present at 1 the spot during search nor even in India at relevant time. Therefore, there ['s no prima facI|e evI'denCe {O believe his involvement. The petI-tiOner I-S law abiding cit[|zen and having passport and job a{ abroad. Registration of the crime against the petI'tiOner herein js with ulterior motive and wjthou{ any basis. He has no crI'mjnal antecedents, therefore, the petI|tiOner deserves protectI'On in terms of SectI'On 482 of BNSS. Bail was granted to the other accused and the concemed court, while granting the ba" observed that investjgatjon js almost completed. Therefore, there will be no question of hamperI'ng the evidence etc.. 1 Submissjons of the learned Pub[jc 6. cr]'cket betting I'S the busI'neSS effeCtI|ng the youth. Many cases are coming up and it Its even an organized crI'me, therefore, bail cannot be simply granted. The ba" granted to other accused js a regular ba" but not an anticipatory bail and the pet[®tjoner js absconding, therefore, does ~not deserve the relief of pre-arrest bail. 7L It I-S relevant tO not.e that investigatl-on is substantially completed and a" the material witnesses are examined. Al to A12 are arrested and released on *- t```_ / ffiERE bail. lt appears that ifA13/the petitioner herein is brought to the legal end, the investigation process in this case would get concluded and the matter will be ready for proceeding befo're the Court for a legal and logical conclusion. The petitioner is ready to abide any condition, surrender and to cooperate with the invest'lgat'lon agency by coming from Dubai. I 8. Upon considering the facts and circumstances of the case, the nature and depth of the allegations and the submissions made by both the counsels, the prayer for grant of pre-arrest bail is found 'convincing. The point framed is answered accordingly in favour of the petitioner. 9. ]n the result, the Criminal Petition is a[[owed, on the following conditions: 1) Petitioner/A13 is directed to appear before concerned S.H.O. within [o4' weeks, on such appearance or in the event of their arrest, he shall be reIIeased on bail in respect of Crime No.115/2025 of Rajanagaram Police Station, East Godavari District, which was registered with the a[]egation of committing offence under Sections 111(2), -318(4), 61 (2) r/w 3(5) of BNS and Sections 3 and 4 of the Gaming Act, on the condition of Petitioner executing bail bond for RsI25,000/- with two sureties each for a like sum to the satisfaction of the S.H.O., Rajanagaram Police Station. 2) The petitioner and his sureties shall furnish their permahent residential address details and identity particulars to the concerned police and keep the Police informed about the change in address, if any, time to time. ``--I 5 3) For the purpose of expedltlng the lnvestlgatIOn process, the ® pet,'tl|oner IS dI'reCted to appear before the concerned s.H.O , after release on ba" on every saturday between 10 00 a.m to 2'00 p.m. for a perI'Od Of four (o4) weeks or till completion of I'nVeStlgation, or fIII'ng of the charge sheet, Whichever I'S earlier. 4) The petitioner sha" co-operate wl'th the I'nVeStigation agency, by furnI'Shlng necessary and legally permlssible jnformatjon and he sha" not t l'nterfere wlth the l'nvestjgatjon process llke contactjng or l'nfluenclng the witnesses. 5) petl-tl-oner sha"urnjsh a copy of his passport {o the concerned pollce and they are at ljber{y to Inform the passport authorl{y about the pendency of the case against the petltl'Oner, l|f necessary, for takI'ng appropriate action l'n terms of passport Act, 1967 agaI'nSt the petitI'Oner. 6) The petl'tl'oner sha" not leave lndI'a, w[|thout permjssI-On of the concerned Court. 1 SD/-P.VINOD ASSISTANT KUMAR ISTRAR To, //TRUE COPY// I ION OFFICER 1. The s.H,O. Rajanagaram p.s., East Godavarl' District. 2. One cc to sRl. Y SUDHAKAR Advocate [opuc] 3 Two cos to the PUBLIC PROSECUTOR, Hlgh court ofA.P [OPUC] 4. One spare copy psk ii--I) r. --? HIGH COURT AHHS,J DATED :07/07/2025 BAIL ORDER CRLP.No.5856 of 2025 ALLOWED