Swapnil Vilas Rathod v. State Of Telangana Through Sho, Cyber Crime Ps, Hyderabad
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6816 of 2026 DATE: 01.05.2026 Between:
Swapnil Vilas Rathod S/o Vilas Rathod.
.... Petitioner/ Accused No.4 AND The State of Telangana, Rep.by Public Prosecutor, High Court at Hyderabad.
Through SHO, Cyber Crime PS Hyderabad.
.... Respondent/ Complainant
O R D E R
This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused No.4 seeking to enlarge him on bail in connection with Crime No.1311 of 2025 of Cyber Crime Police Station, Detective Department Division, C.C.S, Hyderabad. The offences alleged against the petitioner are punishable under Sections 66C, 66D of the ITA, 2000-2008
- 2 - and Section 308 (2), 3018 (4), 319 (2), 336 (3), 338 and 340
(2) of the BNS.
2.
The case the prosecution is that the complainant lodged a report before on 22.07.2025, wherein it is stated that on 06.07.2025 he received a call from 8653863714 (Colaba PS) and the caller introduced himself as Vijay Khanna, CBI Officer and told that one Bank account has been operated in his name in Canara Bank Branch Colaba and the said account is used for money laundering. One Naresh Goel who is accused in money laundering case was arrested and the case is under investigation. As per the orders of the Supreme Court of India, the persons who were involved in the said money laundering case have to be investigated and also they sent a copy of orders of the Supreme Court of India for freezing, warrants from CBI with FIR No.MH/15621/0225. They informed him that they did not disclose the same to any one, as the issue pertains to national secret, and there are high profile people involved in this case. Believing their version and he has disclosed his bank details and balance due to fear. After that they shared the bank account details to send the funds to the given
- 3 - details for verifying and will be transferred to his accounts after verification. Out of fear, he has transferred all his savings Rs.35,74,094/- to his accounts in three transactions from 6th July 2025 to 16th July 2025. Meanwhile another person sent money for that they informred him that he was under suspect list and his name is delected from the crime branch and collect his money from them. Believing them, he reached to the Cybercrime police station, Hyderabad and came to know that the fraudsters have extorted his hard earned money in the name of money laundering. Basing on the said allegations, police registered a case for the aforesaid offences.
3.
According to the prosecution, the petitioner is an employee in Federal bank and his duty is to verify the JYC details of the parties who approached him and he has been earning illegal commission without proper verification of the documents.
4.
Heard Sri Chandrasen Reddy, learned Senior Counsel representing Sri B.Vamshidhar Reddy, learned counsel for the petitioner and Sri M.Ramachandra Reddy,
- 4 - learned Additional Public Prosecutor appearing for the respondent-State.
5.
The contention learned counsel for the petitioner/Accused No.4 is that the petitioner is innocent of the allegations levelled against him; that the petitioner's duty is only to verify the documents and KYC; that the petitioner's role is peripheral and facilitative at most and his post is entirely different from that of the principal offenders who actually perpetrated the digital arrest fraud on the complainant; that A.2 was arrested on 21.02.2026 and sent to judicial custody before the petitioner and he was released on bail though the petitioner's role is no more grave than that of A.1 and A.2; that A.5, the Branch Manager of Federal Bank, who is alleged to be a superior and approved fake bank accounts has served with notice under Section 35 (3) BNS and he has not arrested, but the petitioner is a junior employee and without serving notice 35 (3) of BNS on the petitioner, directly arrested him; that the petitioner has been in judicial custody from 16.04.2026 and hence, he prays to grant bail to the petitioner.
- 5 - 6.
On the other hand, learned Additional Public Prosecutor opposed the same and submits that the petitioner has committed serious fraud and it is a case of digital arrest and that the petitioner extorted money from poor victims who came to the bank authorities for opening bank account and the petitioner without verifying the KYC has been opening the bank accounts to gain commission and that investigation is not yet completed and hence, he prays to dismiss the petition. 7.
Considering the submissions made by learned counsel for both parties and perusal of the material on record, the petitioner has been in judicial since 16.04.2026 and that the allegation against the petitioner is that without verifying the KYC, the petitioner directly opening the new accounts thereby getting commission to him. With the similar offence the Bank Manager (A5) was served with 35 (3) BNS notice but the petitioner arrested and he was not served 35 (3) BNS notice. Having regard to the above and the period of incarceration of the petitioner in judicial custody, this Court deems it fit to grant bail to the petitioner/Accused No.4 subject to the following conditions:
(i) The petitioner-accused No.4 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty
- 6 - Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned IX Additional Chief Judicial Magistrate, Hyderabad. (ii) On such release, the petitioner-accused No.4 shall appear before the respondent authorities between 09:00 a.m., and 5:00 p.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
(iii) The petitioner-accused No.4 shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date: 01.05.2026 YVL