Date of reserved for orders : Nil Date of pronouncement : 29.06.2026 Date of uploading : APHC010280412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4457/2026 Between: LINGA BALIJA VIRUPAKSHA, S/O LINGA BALIJA SHEKHAR,AGED ABOUT 24 YEARS, R/O. 23 WARD,RODDAPPA STREET, SIRIGUPPA VILLAGE,BALLARI KARNATAKA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor,High Court of Andhra Pradesh,At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: D PURNACHANDRA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.4457 of 2026 Dated 29.06.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.3 on bail in Crime No.106 of 2025 of Madanapalle I Town Police Station, Annamayya District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 318(4), 351(2), 308(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 66-C, 66-D of the Information and Technology Act, read with 3(5) of ‘the BNS’. 2. The case of the prosecution is that the accused, by impersonating CBI officers, contacted the de-facto complainant and her husband over the phone and falsely informed them that a benami bank account in the name of the de- facto complainant's husband had been used for illegal transactions involving Rs.3 crores. It is alleged that the accused threatened them with arrest, seizure of their children's passports, and criminal prosecution, and thereby induced the de-facto complainant to share her bank account details. Believing the threats to be genuine, the de-facto complainant issued two cheques for Rs.80,70,000/- and Rs.12,00,000/- in favour of bank accounts specified by the accused. Subsequently, the de-facto complainant realized that the callers were fraudsters who had dishonestly induced her to part with huge amounts of 3 Dr.YLR,J Crl.P.No.4457 of 2026 Dated 29.06.2026 money. Based on the report lodged by the de-facto complainant, the police registered the present crime and took up investigation. 3. Sri D.Purna Chandra Reddy, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he 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. 4. The learned counsel for the petitioner further submits that the petitioner has no direct role in the alleged offence and that his implication is based solely on the statements of the co-accused. It is further submitted that no incriminating material or amount has been recovered from the possession of the petitioner. The petitioner has been in judicial custody for a considerable period, the investigation is substantially completed, and his further detention is not warranted. Therefore, it is urged to enlarge the petitioner on bail. 5. Per contra, Mr.P.Somayaji, 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. 4 Dr.YLR,J Crl.P.No.4457 of 2026 Dated 29.06.2026 6. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the record, the petitioner is arrayed as Accused No.3. The petitioner was arrested on 06.04.2026. He has been in judicial custody for the past 84 days. So far, two witnesses have been examined, all of whom are official witnesses. A substantial portion of the investigation with regard to the role played by the petitioner has already been completed. The period for custodial interrogation, including the period during which the petitioner was in police custody, has also been completed. Therefore, the scope for the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. It appears that the prosecution has not taken any steps for conducting a Test Identification Parade or otherwise. The petitioner is a permanent resident of the State of Karnataka and he has got fixed abode. 8. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.3, this Court is inclined to enlarge the petitioner/Accused No.3 on bail subject to some stringent conditions. 9. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty 5 Dr.YLR,J Crl.P.No.4457 of 2026 Dated 29.06.2026 Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Madanapalli. ii. The Petitioner/Accused No.3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. vi. The Petitioner/Accused No.3 shall not, directly or 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. vii. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not 6 Dr.YLR,J Crl.P.No.4457 of 2026 Dated 29.06.2026 have passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.06.2026 RSI 7 Dr.YLR,J Crl.P.No.4457 of 2026 Dated 29.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4457 of 2026 Date: 29.06.2026 RSI