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2025 DAILYLAW 44361 (AP)

AHINAMAHANTI AVINASH v. THE STATE OF ANDHRA PRADESH

CRLP/4223/2025 · 2025-04-29

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO^^^*^ CRIMINAL PETITION NO: 4223 OF 2025 Between: Ahinamahanti Avinash, S/o.Haribabu, R/o.D.No.4-43/4/2, Gollaveedhi Gopalapatnam, Venkatapuram, Visakhapatnam Urban. ...Petitioner/A.14 AND The State of A.P., Rep. By its Public Prosecutor, High Court of A.P Amaravati, Through Station House Officer, Cyber Crime Police Station Visakhapatnam District. ...Respondent/Complainant Petition under Section 438 of Cr.P.C(Old Act)/Under Section 482 of BNSS, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to allow the petition and consequently to grant anticipatory bail, directing the Cyber Crime Police, Visakhapatnam to release the Petitioner involved in Crime No. 4 of 2025 of Cyber Crime Police Station, Visakhapatnam in the event of their arrest. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s Sravan Kumar Naidana, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4223 OF 2025 ORDER:- The Criminal Petition, u/Sec.482 of B.N.S.S is filed on behalf of the petitioner/A14 to grant anticipatory bail in connection with Crime No.4/2025 of Cyber Crime Police Station, Visakhapatnam Commissionerate. A case has been registered against the petitioner herein and others for the offence punishable u/Secs.111(2), 319(2), 318(4) read with 61(2) of the BNS, u/Secs.66-C, 66-D, Information Technology Act-2000-2008 and u/Secs.3, 4 of the Andhra Pradesh of Gaming Act, 1974. 2) The case of the prosecution, in brief, is that, on 06.01.2025, on receipt of credible information, the Sub-Inspector of Police, Cyber Crime Police Station, Visakhapatnam along with other police personnel conducted search at Flat No.610, Gayatri Towers, opposite Water Tank and Pump House, backside of Polamamba Temple, Doctors Colony, Pedawaltair, Visakhapatnam and found that accused No.3 along with accused Nos.1, 2, 4 and 5 was conducting offline and online betting. As per the confessional Statement of A3, he used to pool fund for betting. On verification of mobile phones of A3, police found total eighty two suspicious transactions. It seems that based on the confession 3) ■ 2 statements of A3, a Crime came to be registered against the twenty two accused. 4) Learned counsel for the petitioner contended that this Court granted Anticipatory Bail to A4, A5 in Crl.P.No.1188 of 2025 and A6 in Crl.P.No.1192 of 2025 and prayed to pass the same order as this petition also stands on the same footing. 5) On the other hand, learned Assistant Public Prosecutor has not disputed the said fact. 6) Considering the submissions, this Court has carefully gone through the material placed on record i.e. order in Crl.P.No.l 188 of 2025 and Crl.P.No.1192 of 2025 which show# that the case of the petitioner is on the same footing as that of the petitioners in Crl.P.No.l 188 & 1192 of 2025. Evidently, basing on the confession of the co-accused, the names of the petitioner was added in the F.I.R. and in lieu of confession, nothing incriminating material has been laid by the prosecution. As such, this Court is inclined to grant anticipatory bail to the petitioner with the same terms and conditions. 7) Accordingly, in the event of the arrest of the petitioner herein/A14 in the above crime, he shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- (Rupees ten thousand only) each with two 3 sureties for the like sum each to the satisfaction of the and also on condition that the petitioner herein/A14 available for investigation cause any threat, inducement The petitioner/A14 shall concerned once in a week i 1.00 pm, till filing of the charge sheet. With the above directions, the Criminal arresting officials, shall make himself as and when required and that they shall or promise to the prosecution witnesses. not appear before the Station House Officer i.e., on every Saturday between 10:00 am and 8) Petition is allowed. Sd/- K.TATA RAO DEPUTY*REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Judicial Magistrate of First Class, Visakhapatnam. 2. The Station House Officer, Cyber Crime Police Station, Visakhapatnam. 3. One CC to M/s Sravan Kumar Naidana, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR Amaravati.[OUT] 5. One spare copy. High Court of A.P., PSD HIGH COURT TMR,J DATED:30/04/2025 ANTICIPATORY BAIL ORDER CRLP.No.4223 of 2025 ALLOWED 0-1 MM 2112S ° O m X Oil A