Y.Venkata Ramana Reddy v. The State Of Telangana
123321 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE SANJAY KUMAR CRIMINAL PETITION NO: 1840 OF 2019 Bedrveen:
1. Y.Venkata Ramana Reddy, S/o. Garada Reddy aged about 67 years, Occ: Pvt. Employee, R/o. Jodidagarahalli (V), Kasaba Bangalore N/o: H.No. 9-1, R.S.Road, Chintaparti Vayalapdu Chittoor, Andhra Pradesh
2. IMahesh, S/o, Raja Reddy, aged about 37 years, Occ: Agriculture R/o. Attur Village, Hoskote, Bangalore.
Petitioners/Accused No.2 & 3 AND T he State of Telangana, Rep by its Public ProsecutorThrough Cyber Crimes, D.D. Hyderabad High Court at Hyderabad.
Res pondenUCom pla in a nt Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner and direct the Police, Cyber Crimes, DD Hyderabad to enlarge the petitioners on bail in their arrest in C.C.No. 389/2017 on the file bf the Hon'ble Xll Addl. Chief Metropotitan [\,4agistrate at Nampally, Hyderabad in the interest of justice.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Srinivas Rao lt,4adiraju for Sri NARAPARAJU AVANEESH, Advocate for the Petitioners, PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following. ORDER:
THE HONOURABLE SRI ]USTICE SANJAY KUMAR CRIMINAL PETITION NO.1840 OF 2019
ORDER
The petitioners are A2 and A3 in C.C.No.3B9 of 2017 on the file of the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of Crime No.55 of 2017 on the file of the Cyber Crimes Police Station, Hyderabad, which was registered under Sections 66C and 66D of the Information Technology (Amendment) Act, 2008 and Sections 406,479,420 and 1208 IPC. They filed the present application under Section 438 CrPC seeking grant of anticipatory bail. The case of the prosecution against the petitioners is that A1, the daughter oF the first petitioner/A2, lured the complainant through the aegis of bharatmatrimony.com and got him to deposit amounts in the bank accounts of the petitioners herein.
It appears that A1, the daughter of the first petitioner/A2, was arrested and was enlarged on regular bail. As the charge-sheet has already been filed against all the three accused, this Court is of the opinion that anticipatory bail can be granted to the petitioners/A2 and 43 in C.C.No.3B9 of 2017.
Be it noted that in terms of the law laid down by the Supreme Court in BHARAT CHAUDHARY V/s, STATE OF BIHARI, mere filing of ' the charge-sheet would not bar exercise of power under Section 438 CrPC.
In that view of the matter, the criminal petition is ordered. The petitioners shall surrender before the learned XII Addltional Chief Metropolitan Magistrate, Nampally, Hyderabad, within two weeks from I (2003) 8 scc 77
today. Thereupon, they shall be enlarged on bail upon their furnishing personal bonds for a sum oF Rs.10,000/- (Rupeqs ten thousand only) each along with two sureties for a like sum each to the satisfaction of the t learned XII Additional Chief Metropolitan' Magistrate, Nampally, Hyderabad. The petitioners shall cooperate with the police in the event any further investigation is required and shall desist from offering any inducement, threat or promise to either the complainant or any other person connected with the case.
Sd/- M. MANJULA RE R ASSIST/HT //TRUE COPY// FoT ASSISTANT REGISTRAR To,
1. The Xll Addl. Chief Metropolitan Magistrate at Nampally.
2. The Station House Officer, Cyber Crime Police Station. . One CC to SRI NARAPARAJU AVANEESH, Advocate IOPUC] . Two CCs to PUBLIC PROSECUTOR (TG), High Court of Judicature at Hyderabad (OUT) a & ( One spare copy
l HIGH COURT SK,J DATED:17104t2019
ORDER
CRLP.No.1840 of 2019 BAIL