APHC010367172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3547] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NO: 502/2025 Between: ASHOK KUMAR, S/O SRI BHAGIRTHA RAM ALIAS BHAGIRATH RAIM, AGE 26 YEARS, OCC WAS SERVING IN INDIAN NAVY, R/O RAJANIYO KI DHANI, FATEHSAGAR, PEELWA,PHALODI, JODHPUR-342309. ...APELLANT AND THE NATIONAL INVESTIGATION AGENCY, Hyderabad, Rep. by Special Public Prosecutor/Deputy Solicitor General, High Court of Andhra Pradesh at Amaravati ...RESPODENT Counsel for the Appellant: 1.SASANKA BHUVANAGIRI Counsel for the Respondent: 1.Pasala Ponna Rao, DEPUTY SOLICITOR GENERAL OF INDIA 2 Crl.A.No.502 of 2025 The Court made the following ORDER :- (Per the Hon’ble Sri Justice K.Suresh Reddy) Questioning the order, dated 25.04.2025 in Crl.M.P.No.995 of 2025 in S.C.No.15 of 2023 on the file of the Court of III Additional District and Sessions Judge-cum- Special Judge for SPE & ACB Cases, Visakhapatnam, the appellant/Accused No.9, filed the present Criminal Appeal under Section 21(1) of the National Investigation Agency Act, 2008. 2. Case of prosecution briefly is as follows :- On credible information, the Counter Intelligence police registered FIR on 15.11.2019 stating that during 2011-2019 some unidentified foreign nationals entered into conspiracy with some unidentified persons at Visakhapatnam, Mumbai and other places to carry out Anti-National activities. The said FIR was registered for the offences under Sections 120-B, 201 IPC and Sections 18 and 19 of Unlawful Activities (Prevention) Act, 1967 and Sections 3 to 5 of Official Secrets Act, 1923. The said FIR was registered as Crime No.1 of 2019. During the course of investigation, Counter Intelligence Police conducted searches at the residential premises of accused and arrested them. 3. In view of the gravity of the offence, the Ministry of Home Affairs, Government of India entrusted the investigation to National Investigating Agency. Accordingly, N.I.A, Hyderabad, re-registered the above said case as RC-05/2019/NIA/Hyderabad, dated 29.12.2019 for the offences under Sections 120-B, 121-A IPC and Sections 17 and 18 of U.A (P) Act, 1967 and Section 3 of Official Secrets Act, 1923. 4. During the course of investigation, the Investigating Authorities conducted searches at the residential premises of A.2 to A.5, A.15, as 3 Crl.A.No.502 of 2025 well as the office premises/working places of Navy personnel (A.6 to A.13 and A.16 to A.18) between 19.12.2019 and 29.12.2019 and seized electronic gadgets such as mobile phones, memory cards, SIM cards, Pen drives etc., and also bank documents, identity documents such as Aadhaar cards, Pan cards, Passports etc. and other material from the individual possession and residential/office premises of accused A.2 to A.13 and A.15 to A.18. Thereafter, the Investigating Agency arrested A.2, A.6 to A.13 and A.15 to A.18 as they were found to be involved in the commission of the present offence. 5. The allegation made against the appellant who is shown as A.9 in the Charge Sheet at paragraph No.17.27.9 is as hereunder :- “17.27.9 Role and involvement of Ashok Kumar (A-9) : He was arrested on 19.12.2019 from INS Angre, Mumbai. He joined Indian Navy in February 2017 and was posted at INS Teg and INS Angre. Investigation has revealed that A-9 was using Facebook ID (profile name Arya Bishnoi) and WhatsApp with mobile number 7232867581. He came in contact with online handler 'Ashi Rajput @ Harish Rajput' in March-April, 2019, on Facebook. Thereafter the shifted to WhatsApp. Ashi Rajput used WhatsApp with mobile numbers 9898606736 and 9726177846 to get in touch with A-9. Investigation revealed that A-9 shared sensitive official secrets with 'Ashi Rajput @ Harish Rajput' regarding locations/movements of Indian Navy ships/submarines. It is also revealed that A-9 added another mobile number 9726177846 of 'Ashi Rajput @ Harish Rajput' to a WhatsApp group by name 'Naval worries 1/17' in which A-7 was also a member with mobile number 9928029612 and made 'Ashi Rajput @ Harish Rajput' group admin. A-9 received Rs 4 Crl.A.No.502 of 2025 94,004/- into his SBI account no.36559077404, in lieu of official secrets shared by him with 'Ashi Rajput @ Harish Rajput'. FSL examination report of his mobile phone and SIM card revealed that he purposely deleted the WhatsApp conversation with 'Ashi Rajput @ Harish Rajput' to avoid suspicion on him in case of his apprehension. He also deleted his Facebook account. There was another small WhatsApp group having only three members including Ashi Rajput & A-9. The money was deposited from through CDM from Gujarat and A-2's Shop in Mumbai. He saved WhatsApp number of Harish as Harish Gun / Boss. Thereby, accused Ashok Kumar (A-9) has committed offences under sections 120B & 201 of The Indian Penal Code 1860, section 18 of The Unlawful Activities (Prevention) Act, 1967 and sections 3, 4 & 5 of The Official Secrets Act, 1923. Apart from the evidencen discussed above, other oral, documentary and material evidence collected and included in Annexure A, B and C establishes the complicity of Ashok Kumar (A-9) in the instant case.” 6. It is also further alleged in the Charge Sheet at paragraph No.17.28.6 as hereunder :- “17.28.6 Scrutiny report of Ashok Kumar (A-9)'s mobile handset :- It was revealed that mobile number 9898606736 of 'Ashi Rajput Harish saved in the name of Harish Gun'. On different occasions, said ‘Ashi Rajput @ Harish Rajput' elicited confidential information from Ashok Kumar (A-9) regarding movements/locations of Indian Navy ships/ submarines. On 15.11.2019, accused informed 'Ashi Rajput @ Harish Rajput' about arrival date of some ship. On 5 Crl.A.No.502 of 2025 09.12.2019, Ashok Kumar (A-9) informed him that he (accused) was going to use WhatsApp with a new number and he would contact him from that new number. On the same day, 'Ashi Rajput @ Harish Rajput' told the accused that he could send him money if required. On 10.12.2019, 'Ashi Rajput @ Harish Rajput' urged upon the accused to change the SIM soon. On 11.12.2019 'Ashi Rajput @ Harish Rajput' asked the accused whether INS Teg was going for Operation Sankalp' (launched by Indian Navy in the Persian Gulf/Gulf of Oman as a measure to reassure Indian Flagged Vessels transiting through that region, in wake of attack on oil tankers raising tension between USA and Iran). It is also revealed that Ashok Kumar (A-9) added another mobile number 9726177846 of 'Ashi Rajput Haria Rajput' to a WhatsApp group by name 'Naval worries 1/17’ in which Ashok Kumar Deg (A-7) was also a member with mobile number 7232867581. It is apparent from the FSL examination report that Ashok Kumar (A-9) had deliberately deleted his WhatsApp conversation escape his culpability in case he was apprehended. The scrutiny reveals that WhatsApp mobile number 9898606736 of handler Harish was added by Ashok Kumar in another private WhatsApp group of Navy personnel having around 272 members. There was another small WhatsApp group of four members including A-9 and his handler Ashi Rajput.” 7. Learned counsel for the appellant contends that the appellant was arrested on 19.12.2019 and ever since he is in judicial custody. It is further contended by the learned counsel for the appellant that the appellant has been in judicial custody for nearly six years. He further 6 Crl.A.No.502 of 2025 contends that A.17 and A.18 pleaded guilty before the learned trial Judge. On pleading their guilty, learned trial Judge convicted both of them and sentenced them to suffer imprisonment for a period of five (05) years and nine (09) months each apart from payment of fine of Rs.5000/- each. He further contends that similarly A.5 also pleaded guilty and on pleading his guilty, the trial Judge convicted and sentenced him to suffer imprisonment for a period of six (06) years. He further contends that as they have already served six (06) years of sentence, they were already let off. As such, learned counsel for the appellant requests this Court to enlarge the appellant also on bail. 8. On the other hand, Sri Pasala Ponna Rao, learned Deputy Solicitor General of India opposed the appeal contending that the allegations made against the appellant are very serious. He further contends that being an employee in Navy, he gave information to one ‘Ashi Rajput @ Harish Rajput’ about the movements/locations of the Indian Navy Ships/submarines. The said ‘Ashi Rajput @ Harish Rajput’ is a Pakistani national and an agent of the Pakistan intelligence agency. He further contended that for sharing this information, the appellant was paid an amount of Rs.94,004/- into his SBI Account No.36559077404, in view of sharing official secrets with the said ‘Ashi Rajput @ Harish Rajput’. He further contended that the mobile phone belonging to the appellant was subjected to F.S.L examination which revealed that the appellant purposefully deleted WhatsApp conversation with the said ‘Ashi Rajput @ Harish Rajput’ to avoid suspicion on his apprehension. He also deleted the Facebook conversation. There was another WhatsApp group having only three members including ‘Ashi Rajput @ Harish Rajput’ and the appellant/A.9. The money was deposited into account of the appellant through CDM Gujarat and from A.2’s shop in Mumbai. He further contended that the 7 Crl.A.No.502 of 2025 appellant could not able to explain as to why he received Rs.94,004/- from Gujarat and Mumbai. He further contends that the appellant was working at Visakhapatnam and he received money from Gujarat and Mumbai. He further contended that, for one reason or another, the schedule for commencement of the trial could not be fixed, as the accused have been filing applications one after another from time to time. He further contends that the learned trial Judge finally fixed the schedule for commencement of the trial from 03.12.2025. He further contends that when once the appellant is released on bail, it is very difficult to secure his presence in the circumstances of the case. The involvement of the appellant is in a very serious offence. He further contends that being Navy Personnel, he ought not to have indulged in these type of offences. As such, he requests this Court to dismiss the appeal. 9. We have perused the entire material on record. 10. There is no dispute that the petitioner is serving in Indian Navy and that his place of work is at Visakhapatnam. Further, the allegation made against the appellant is that he had informed the confidential information to ‘Ashi Rajput @ Harish Rajput’ regarding the movements and locations of Indian Navy ships and submarines. It is also alleged that the appellant received an amount of Rs.94,004/- from Gujarat and Mumbai and that the said amount was received in 13 spells between 21.12.2018 and 15.11.2019. The bank account of the appellant discloses the receipt of the above money from various accounts. It is also clear that the appellant is not able to explain as to why he received the money in 13 spells. Further, the mobile phone and SIM card of the appellant were subjected to Forensic examination which reveal that the appellant was in contact with ‘Ashi Rajput @ Harish Rajput’ who is a Pakisthani Intelligence Agent. 8 Crl.A.No.502 of 2025 11. Merely because, A.17, A.18, and A.5 pleaded guilty and were awarded sentences of five years and six years of imprisonment respectively, the appellant cannot claim similar benefit, as he did not plead guilty. Further, on instructions, the learned Deputy Solicitor General of India submits that the National Investigation Agency is taking steps to initiate appropriate action against A.5, A.17, and A.18. 12. In view of the above facts and circumstances and as the appellant was involved in a serious offence concerning the national security of the country, we are not inclined to grant bail to the appellant. Hence, the present Criminal Appeal is liable to be dismissed at the admission stage. 13. Accordingly, the Criminal Appeal is dismissed, at the stage of admission, confirming the order, dated 25.04.2025 in Crl.M.P.No.995 of 2025 in S.C.No.15 of 2023 on the file of the Court of III Additional District and Sessions Judge-cum-Special Judge for SPE & ACB Cases, Visakhapatnam. Consequently, miscellaneous petitions, if any, pending shall stand closed. JUSTICE K.SURESH REDDY ___________________________ JUSTICE SUBBA REDDY SATTI Dt.18.11.2025 SAB 9 Crl.A.No.502 of 2025 124 THE HON’BLE SRI JUSTICE K.SURESH REDDY AND THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI Criminal Appeal No.502 of 2025 (Per Hon’ble Sri Justice K.Suresh Reddy) Date: 18.11.2025 SAB