HIGH COURT OR ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 4355 OF 2025 IN THE (jr > 41; I 0^ TfTS* Between: Champak Das, S/o. Biress Das, aged about 41 years, R/o. H.No.25, Jyoti Nagar, Noonmati, Kamrup Metro, Assam-781003. ...Petitioner/Accused No.6 AND The State of Andhra Pradesh, (SHO, Cyber Crime Police Station, its Public Prosecutor, High Court Visakhapatnam Commissionerate) Rep. by of Andhra Pradesh Buildings At Amaravati. ...Respondent/Complainant & 483 of BNSS (Old Section 437 and 439 stated in the Petition under Section 480 of Cr.P.C.) is filed praying that in the circumstances memorandum of grounds filed in support of the Criminal Petition, the High No.6 on bail in Court may be pleased to enlarge the petitioner/Accused of 2025 of Cyber Crime Police Station connection with Crime No. 53 Visakhapatnam. The petition coming on forbearing, upon perusing the Petition and the memorandum of grounds filed in Support thereof and upon hearing the THOTA ASHCK KUMAR Advocate for the Petitioner, and of PROSECUTOR for the Respondent, and the Court made the arguments of SRI PUBLIC following ORDER: f I r APHC010205862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4355/2025 Between: Champak Das ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.THOTA ASHOK KUMAR Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A6, seeking bail, in Crime No.53/2025 of Cyber Crime Police Station, Visakhapatnam City for the alleged offence under Sections.108, 308(2), 319(2), 318(4), 79, 351(2) of B.N.S and Sec.66-C, 66-D and 67-A of IT Act. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Case of the prosecution, in brief, is that, one Surada Akhila Devi (hereinafter called as defacto complainant) is resident of Maharanipeta, Visakhapatnam City is the wife of one Surada Narendra (hereinafter called as deceased). The defacto complainant is doing house keeping work in 3. 4. 2 Simhadri Hospital. The deceased had taken loan for an amount of on line app, subsequently he could not repay and that on 07.12.2024, he received Whatsapp call from the Mobile No. informing that the deceased had taken loan for Rs.2,000/- Rs.2,000/- from +639510912260 and also sent some obscene morphed photographs of the defacto complainant and deceased, then the defacto complainant paid Rs.2,000/- through Phonepe to the Mobile No. +639510912260. The defacto complainant as usual went to Hospital to attend her duty. On 07.12.2024 she received the phone call from her brother-in-law stating that the deceased died due saree in their room. Immediately the deceased Visakhapatnam, where the doctors stated that he to hanging with was shifted to K.G.Hospital, was brought dead. The Station House Officer verified the bank statements identified two suspected trade transactions dated 30.11.2024 of the deceased and Rs.1,100/-and on 01.12.2024 Rs.1,200/- through NEFT transaction by Bandan analyzing the NEFT and RTGS transactions transactions identified that 61 bank accounts all Bank. On of the said two bank over India are deposited more than Rs.25,000/- to the suspected accounts, out of them two banks are opened in Andhra Pradesh. One bank account in the name of M/s.Yash Enterprises Proprietor i.e., Petitioner/A5 and account linked to Phone No:9959902591, in which the deceased deposited an amount of Rs.85,335/- to A/c No.20100032656999, the Petitioner/A5 opened 30 bank his name and used for loan accounts in apps. It is further submitted in the record that 3 the CDR and IPDR data of the A5, telegram app, whatsapp and also analyzing the bank accounts of the accused and social platforms the accused are operating the loan application and other mule bank accounts Basing on the report of the defacto suppliers from other states, complainant, the Inspector of Police, Cyber Crime Police Station registered the case in Cr.No. 162/2024 of Maharanipeta Police Station for the offence U/Sections 108, 79, 351(2) of BNS and Section 66-C, 67-A of IT Act. Heard. Perused the record. Learned counsel for the petitioner submit that the petitioner has been in judicial custody from 26.3.2025 and most of the investigation is completed and requested to enlarge the petitioner on bail. Learned Assistant Public Prosecutor opposed to grant bail on the ground that investigation is not completed. As seen from the record, it is a case of suspicious death due to The defacto 5. 6. 7. 8. hanging which occurred on 07.12.2024 at about 8pm. complainant is the wife of the deceased. The deceased said to have taken loan of an amount of Rs.2,000/- from on line app. Later he could not repay. Later one unknown person made a phone call to him through Whatsapp call from the Mobile No.+639510912260 informing that the deceased had taken loan for Rs.2,000/- and also sent some obscene morphed photographs of the defacto complainant and deceased, then the defacto complainant paid the Mobile No. +639510912260. Rs.2,000/- through Phonepe to 4 Subsequently, she received whatsapp call from unknown number and demanded to pay Rs.2,000/- immediately. On that she paid the amount. She questioned her husband about the loan amount. Her husband unable to bear the humiliation, committed suicide. The investigating officer verified the bank statements of the deceased and identified two suspected transactions dated 30.11.2024 Rs.1,100/-and on 01.12.2024 Rs. 1,200/- through NEFT transaction by Bandan Bank. It is the case of the prosecution that amounts so collected were diverted to different mule accounts out of the amount collected. It seems that some amount has been credited to the account of A6. Except placing the bank statements no other instant material has been placed showing the involvement of the petitioner in the commission of the offence. As already noted, the petitioner/A6 has been in judicial custody from As such this Court found that most of the investigation 9. 26.3.2025. pertaining to the role played by the petitioner might have been completed. On the other hand it is not the case of the prosecution that custodial interrogation of the petitioner is arst required for conducting further investigation. It is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice. When ascertained, learned Public Prosecutor submitted that no antecedents reported against the petitioner. The release of the accused would not cause hampering of investigation and tampering of evidence. Considering the entire material on 5 record, this Court is inclined to grant bail to the petitioner with conditions. some 8. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A6 herein shall be released on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday in between 10.00 a.m. and 01.00 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. SDI- G.H^ANAIDU ASSISTANT/^GISTRAR //TRUE COPY// SECTION OFFICER For To, 1. The Station House Officer, Cyber Crime Police Station, Visakhapatnam Commissionerate, Visakhapatnam. 2. The Chief Judicial Magistrate, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. One CC to SRI. THOTA ASHOK KUMAR, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy KN HIGH COURT TMR,J DATED:06/05/2025 ORDER CRLP.No.4355 of 2025 ALLOWED 'f*