Mr. Malleshappagari Prabhakar v. The State Of Telangana

HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8202 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.1 in Crime No.370 of 2025 on the file of the P.S. Cyber Crimes, Hyderabad, registered for the offences punishable under Sections 66 (C) and (D) of the Information Technology Act, 2000-2008 (for short 'IT Act'), Sections 111(2)(b), 318(4) and 319(2) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3 and 4 of the Telangana State Gaming Act, 1974 (for short 'TSGA') .

2.

When this criminal petition was taken up for hearing on 16.07.2025 there was representation on behalf of the petitioner in the morning session and in the afternoon session either physical mode or virtual mode. To give one opportunity, the matter was posted to 17.07.2025. However, today also, there is no representation on behalf of the petitioner, either in physical mode or virtual mode. It appears that the learned counsel for the petitioner is not interested to prosecute the matter. In order to render

substantial justice to the parties, this Court is not having any option except to proceed with the matter on merits.

3.

Heard Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

4.

Learned Additional Public Prosecutor submitted that the petitioner along with other accused has committed grave offence and they caused financial losses of Rs.38,78,760/- and Rs.19,92,208/- to innocent persons who had invested money in cricket betting. He further submitted that the investigation is under progress and the petitioner is not entitled for grant of bail.

5.

Having considered the submissions made by the learned Additional Public Prosecutor and after perusal of the material available on record and the complaint, it reveals that the petitioner was arrested on 17.04.2025 and since more than 90 days he is in judicial custody. Even according to the learned Additional Public Prosecutor, the investigation officer has not filed charge sheet even after expiry of statutory period.

6.

Taking into consideration the incarceration period, this Court is inclined to grant bail to the petitioner/accused No.1, subject to the following conditions:

(i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.50,000/-(Rupees fifty Thousand only) with two sureties for a like sum each to the satisfaction of the XII Additional Chief Judicial Magistrate, Hyderabad at Nampally. (ii) The petitioner/accused No.1 shall appear before the concerned SHO as and when his presence is required.

(iii) After release, petitioner/accused No.1 shall not influence the witnesses or interfere with the investigation.

(iv)The petitioner/accused No.1 shall abide by the conditions stipulated in Section 483 (3) of BNSS. 7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ____________________ J. SREENIVAS RAO, J Date:17.07.2025 Vsl/vjb