IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE rPRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8588 OF 2025 I Between: Bhavesh luja Bhai Pargi, S/o Luja Bhai, A/41 Yrs, D-408, Suman Nikethan, Kataeghaam Surat City, Gujarat. ...Petitioner/A10 AND The State of Andhra Pradesh, through the Station House Officer, Mandapeta Town P.S, East Godavari District,Represented by the Public Prosecutor Court of Andhra Pradesh High ...Respondent Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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 him on bail on such terms and conditions as deemed fit directing his enlargement in Crime No. 63 of 2025 of Mandapeta Town Police station. Counsel for the Petitioner : Sri Duggirala Subash Counsel for the Respondent : Ms.P.Akhila Naidu, Assistant Public Prosecutor. The Court made the following ORDER: 2 Dr. YLR, j Crl.P.No.8588 of 2025 Dated 01.09.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No. 10 on bail in Cr.No.63 of 2025 of Mandapeta Town Police Station, Dr.B.R.Ambedkar Konaseema District, registered against the petitioner/Accused No. 10 herein for the offences punishable under Section318 (4) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 66-D of the Information Technology Act, 2000. 2. The case of the prosecution is that on 03.03.2025 at about 9.45 P.M. the complainant reported that she had searched for a stock analysis report in Google and received a link to TRG Financial Academy through WhatsApp. She thereafter followed their classes relating to financial investments and stocks. Subsequently, in December 2024, the fraudsters guided the complainant to download an application named Axis Bank Securities. Believing their representations, she downloaded the said application and initially invested an amount of Rs.35,000/-, and thereafter, a total sum of Rs.62,00,000/- through multiple transactions. However, the fraudsters cheated the complainanJ: and failed to refund the said amount. 3 Dr. YLR, J Crl.P.No.8588 of2025 Dated 01.09.2025 Thereupon, the complainant lodged a complaint in the Cyber Crime Portal vide Acknowledgment No.20202250008456. 3. Sri Duggirala Subash, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner. submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. Dr. YLR, Crl.P.No.8588 of2025 Dated 01.09.2025 6. As seen from the record, the petitioner i Kataeghaam, Surat City, Gujarat. To show his his Driving License, Aadhaar Card, Voter Identity Card. The petitioner Industry for the past 15 His father is suffering from paralysis Mohit requested help from the some money on a 03.03.2025. The petitioner IS a permanent resident of permanent abode, he filed Power receipt bills, PAN Card has been working in the Diamond and years. He has a wife, two daughters, and one son. and he also has aged parents. One petitioner to use his bank account to earn commission basis. The FIR was arrested on 06.06.2025 and before the Jurisdictional Magistrate in Gujarat on issuance of P.T. Warrant. He was produced before the jurisdictional Magistrate in the State 09.06.2025. The petitioner has been i days. It is the allegation of the suffered a loss of Rs.65 lakhs. Accused bail. Accused No.3 was also released was registered on produced on in judicial custody for the past 85 prosecution that the de facto complainant Nos.1 and 2 were granted default on bail. The allegation against the gave credentials of Accused Nos.8 and 9. The nature of the evidence available against the petitioner is petitioner is that he a co-accused confession was also released on default bail, investigation is completed by examining given by Accused No.8. Accused No.7 Material portion of the i prime witnesses. 5 Dr. YLR, J Crl.P.No.8588of2025 Dated 01.09.2025 Considering the entire gamut of the case, the nature and gravity of the allegations levelled against the petitioner, stage of the investigation, and the period of detention undergone by the petitioner in judicial custody for the past 85 days, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions; 7. i. The petitioner/Accused No. 10 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees FiftyThousandonly) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Alamuru. ii. The petitioner/Accused No. 10 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No. 10 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No. 10 shall not commit or IV. indulge in commission of any offence in future. The petitioner/Accused No. 10 shall cooperate with the investigating officer in further investigation of the case and V. 6 Dr. YLR,, Crl.P.No.8588 of2025 Dated 01.09.2025 shall make himself available for interrogation by the investigating officer as and when required. The petitioner/Accused No. 10 shall not, directly or VI. indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 8. Accordingly, the Criminal Petition is allowed. SD/- M.S^iVaS ASSISTA5p-/nEGISTRAR SECTIcSoFFICER //TRUE COPY// For To. 1. The Judicial First Class Magistrate, Alamuru. 2. The Station House Officer, Mandapeta Town Police Station, Dr.B.R.Ambedkar Konaseema District. 3. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District. 4. One CC to SRI. DUGGIRALA SUBASH Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. One spare copy cvss HIGH COURT 'A Dr.YLR.J DATED:01/09/2025 BAIL ORDER CRLP.No.8588 of 2025 ALLOWED S B 2 SEP ® I ■=C:: 'k