Betham Balaraju v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 3439 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as 'BNSS') seeking bail to the petitioner/accused No.4 in Crime No.97 of 2025 of Cyber Crimes Police Station, Hyderabad, registered for the offences under Sections 66C and 66D of Information Technology Act, 2008 and Sections 111(2)(b), 318(4), 319(2), 336(3), 338 and 340(2) read with 3(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') 2.

Heard Mr.Khaja Arajuddin, learned counsel representing Mr. Syed Osman, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent - State.

3.

The brief facts of the case are that the petitioner along with other accused committed organized cyber crime by cheating victims under the guise of task based job through Naukri and by offering huge returns with forged electronic documents and due to the same, the de-facto complainant lost an amount of Rs.1,93,760/-. Basing on the same, a case was registered in Crime No.97 of 2025.

4.

Learned counsel for the petitioner submitted that the petitioner was falsely implicated in the present crime and he did not commit any offence. There are allegations against the other accused. No specific allegations are attributed against the petitioner. Moreover, material part of investigation is completed except filing of charge sheet. The petitioner was arrested on 31.01.2025 and since then he has been in judicial custody. The petitioner is ready to abide by the conditions, which are going to be imposed by this Court and he will cooperate with the investigation. Hence, the petitioner may be enlarged on bail.

5.

Per contra, learned Additional Public Prosecutor submitted that the investigation is under progress and charge sheet is not yet filed. Hence, at this stage, the petitioner is not entitled for grant of bail. 6.

Having considered the rival submissions made by respective parties and after perusal of the material available on record, prima facie it reveals that the bank account of the petitioner was frozen by the Police and the petitioner is in jail since 31.01.2025. Taking into consideration the said facts, this Court is inclined to grant bail to the petitioner/accused No.4 subject to the following conditions. (i) The petitioner shall be released on bail on executing a personal bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) with two sureties for a like sum each to the

satisfaction of the XII Additional Chief Judicial Magistrate at Nampally, Hyderabad.

(ii) The petitioner shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

(ii) The petitioner shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. _______________________ J. SREENIVAS RAO, J Date: 13.03.2025 vsl