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2025 DAILYLAW 9270 (AP)

ADDURI SUKHA VARMA @ SURESH VARMA @ KARTHIK v. THE STATE OF ANDHRA PRADESH

CRLP/2171/2025 · 2025-03-21

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f _--I- I| \/ // lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY, THE TWENTY FIRST DAY OF MARCH, T\^/O THOUSAND AND T\^/ENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2171 & 2174 OF 2025 CRLP.No.2171 of 2025: Between : Adduri Sukha Varma @ Suresh Varma @ Karfhik, S/o.A.Rama Krishna Raju, aged 41 years Occ Business, R/o.Door No.4-181, Road No.3, Sudhanagar, Sarpavaram, Kakinadapuram E.G.District, AP ...Petitioners/A-1 AND The State of Andhra Pradesh, Rep.by its Public Prosecutor High Court of A.P., Amaravati Cyber Crime Police Station Visakhapatnam City, AP ...Respondent Petition under Section 480 and 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioner/A-1 on bail in FIR No.4/2025 on the file of the Cyber Police Station, Visakhapatnam, Visakhapatnam District, pending enquiry; CRLP NO: 2174 OF 2025: Between -. shaik J'llani, S/o.Shaik Meera Ged 28 years, OccibuSineSS, R/o.D.No.33- 24-38/2, Tarakarama Colony, Chalava Thota, All-lpuram VisakhaPatnam, presently residing in Flat No.123612th floor, MK Gold Coast Apartment yendada, visakhapatnam -45 Visakhapatnam District, AP . . . petitioners/A-2 AND The State of Andhra Pradesh, High Court of AP Rep.by its Public prosecutor cyber crime police station visakhapatnam city, AP ...Respondent petition under section 480 & 483 of BNSS, 2023 is filed Praying that 'ln the circumstances stated in memorandum of grounds of cr'lminal petition, the High Court may be Pleased tO release the Petitioner/A-2 on ba" in FIR No.4/2025 on the file Of the Cyber Police Station, visakhapatnam, v'lsakhapatnam Distr'lct, pending enquiry; The petition coming On for hear-lng, upon Perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of sri yaswanth Gade, Advocate for the Petitioner and Public prosecutor for the Respondent®, J- a- se-i ZZI, . IIII COMMON.ORDER.-fT The Criminal Petition Nos.2171 of2025 and 2174 of 2025, under sections 480 and 483 of the BNSS, have been filed by the petitioners/Al and A2, seeking regular bail, in crime No.4 of 2025 of Cyber Crime police StatI'On, Visakhapatnam Comml'ssionerate. 2. A case has been regl'stered against the petl-tioners hereI-n and others for the offences punishable under sections 111(2), 319(2), 318(4) I/w 61(2) BNS and sectl'on 66-C, 66-D of Information Technology Act and sections 3 and 4 of A.P.Gaming AIfA- 3. Thecaseoftheprosecution, in brief, isthat.I on o6.01.2025, on receipt of credible informatI'On, the SI of police, cyber crime polI'Ce Station, visakhapatnam along with other police personnel conducted search at Flat No.610, Gayatri Towers, opposI'te Water Tank and pump House, backside of polamamba Temple, Doctors colony, pedawaltaI'r, visakahapatnam and found that A3 along with A1, A2, A4 and A5 was conductI-ng Offll-ne and online betting. As per the confessional statement of A3, he used to pool fund for bett['ng. on verification of mobile phones of A3, pol,'ce found total eighty GZZjZ£ 3i!l t\ i *_p JP 3 two suspicious transactions. The police registered the case in Crime No.4 of 2025 for the aforesaid offences. 4. The learned counsel for the petitioners contended that Section 111(2) of the BNS does not apply to the facts of the case, as no charge sheet has been filed before the competent Court. However, the learned Assistant Public Prosecutor submits that the filing of a charge sheet is not required to attract the provisions of Section 111 (2) of the BNS. 5. Without delving into the submissions made by both counsels, it is noted that the petitioners/Al and A2 have been in judicial custody since 06.01.2025, and most of the investigation concerning their roles in the commission of offence has been completed. The learned Assistant Public Prosecutor, while opposing the petitioners prayer, submits that the investigation is not yet complete. The learned counsel for the petitioners submits that the petitioners have permanent abode at East Godavari District and Visakhapatnam District, and there is no possibility of their fleeing away from the Jurisdiction of the Court. 6. Considering the nature of the accusations against the petitioners and substantial amount involved in this crime, this ._ ---` q` i-\ 4 Court finds it appropriate to impose stringent condition to secure their presence durl'ng the investigation and trial. 7. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/Al and A2 with following conditions. (i) The petitioners/Al and A2 herein shall be released on their executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Chief Judicial Magistrate at Visakhapatnam; (ii) On release, the petitioners shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., for a period of three (03) months. (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 8. Accordingly, the Criminal Petition is allowed. p. u.v. BHL_S_K_R_RT%%% __I-tDARE EGISTRAR iss\sTJ^`NT Sd/- /ITRUE COPY// F( OFFICER L. To, 1. The Chief Judicial Magistrate at Visakhapatnam, Visakhapatnam District. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District 3. The Station House Officer, Cyber Crime Police Station Visakhapatnam City, 4. One CC to M/s V.Sesha Kumari, Advocate [OPUC] 5. One CC to Srl'. Yaswanth Gade, Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT] 7. One spare copy MM J/ HIGH COURT TMR,J DATED:21/03/2025 ORDER CRLP.No.2171 a 2174 of 2025 ALLOWED