Sonti Reddy Punna Reddy And 3 Others v. The State Of Telangana

[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTIGE G SRI DEVI CRIMINAL PETITION NO: 2660 OF 2021 Between:

1. Sonti Reddy Punna Reddy, S/o. Ramana Reddy

2. Devarakonda Gopichand, S/o. Prabhakar Rao

3. Varkolu Mallikarjun, S/o. V. Anjaneyulu

4. Kyasthi Purushotham, S/o. Kishan Rao

...Petitioners/Al to A4

AND The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners in the event of their arrest in connection with Cr.No.354 ol 2020 on the file of Cyber Crimes Police Station, Hyderabad. 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 A. TULSI RAJ GOKUL Advocate for the Petrtioners and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2660 of 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A3 to ,46 seeking to grant anticipatory bail in the event of their arrest in Cr.No.354 of 2020 on the file of Cyber Crime Police Station, Cyberabad District, registered for the offences punishable under Sections 419,420 IPC and under Sections 66C, 66-D of lT Act2000-2008. 2.

Heard learned counsel for the petitioners/A3 to A6, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3.

The prosecution case is that one Rohit Bansal-Al claimed to be doing gold hallmarking business and claimed to be a friend of SBI Bank, took loans on difierent Banks with fake documents and the Bank personnel sanctioned loans with the said documents without proper verification of lD proofs, KYC etc., thereby cheated the Banks. 4.

Learned counsel for the petitioners/A3 to 46 would submit that the 1't petitioner is Managing Director of M/s.Sri SPR Global Consulting Private Limited, carrying consultancy services to various Banks, while other petitioners are its employees and that they used to forward the essential documents to the Banks and that those documents would be subjected to scrutiny by the concerned Bank. He would fLrrther submit that the petitioners are agents to the Bankers and they only forwarded KYC documents, except that they are no way concerned with the alleged offences. He would further submit that the police have not issued any notice under Section 41-A Cr.P.C, to petitioners. He would also submit that the petitioners are not involved in any other crime prior to this occurrence and they are law abiding citizens and ready to abide by any

condition that may be imposed by this Court in the event of their enlargement on anticipatory bail.

5.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners. He submitted that that the petitioners are arrayed as A3 to 46 and the police have already issued notice under Section 4'1-A Cr.P.C., to them, but they have not cooperating with the investigatron. He further submitted that the petitioners, without verifying the documents, which is their bounden duty, have processed the loan applications, due to which the Banks have sustained huge loss. Hence, the petitioners are not entitled for anticipatory bail. 6.

Having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioners, particularly since notice under Section 41-A Cr.P.C., has been issued to petitioners, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioners/A3 to 46.

7.

The Criminal Petition is accordingly allowed and the petitioners/A3 to 46 are granted anticipatory bail subject to the following terms and conditions:

(i) The petitioners/A3 to 46 are directed to surrender before the Station House Officer, Cyber Crime Police Station, Hyderabad District, within a period of 15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioners/A3 to 46 on bail on their executing a personal bond to the tune of Rs.1,00,000/- (Rupees one lakh only) each with two sureties for the like sum each to his satisfaction. (ii) On such release, the petitroners/A3 to 46 shall appear before the lnvestigating Officer on every Saturday between 9.00 AIM and 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.

(iii) The petitioners/A3 to 46 shall furnish all relevant and necessary documents, which are required for the purpose of fair investigation. .\i_i _

(iv) The petitioners/ A3 to A6 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

8.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

r^ -tl) \ I KEYAN SD/- R. KARTHI TLSSISTANT i/TRUE COPY/i SECTIO OFFICER To,

1. The XV Additional Metropolitan Sessions Judge, Ranga Reddy District at Kukatpally.

2. The lX Additional Metropolitan Magistrate Kukatpally at Miyapur Cyberabad.

3. The Station House Officer, Police Station, Cyber Crimes, Hyderabad.

4. One CC to M/s. A. TULSI RAJ GOKUL, Advocate [OPUC].

5. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad IOUT].

6. One spare copy ZEE I

HIGH COURT GSDJ DATED:1410712021

ORDER

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