M/S Bina Anjani Ray v. The State Of Telangana,

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.8130 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.1 seeking to grant anticipatory bail in the event of her arrest in Crime No.514 of 2016 on the file of Afzalgunj Police Station, Hyderabad City, registered for the offences punishable under Sections 384 read with Section 34 IPC and Sections 43b, 66 and 67 of the I.T. Act.

2.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondentState and perused the record. 3.

The case of the prosecution, in brief, is that the petitioner took the reference of all the accused and introduced herself to the de facto complainant and developed intimacy by narrating cock and bull stories and started emotionally blackmailing the petitioner; that thereafter, they have downloaded the private photos and videos of the de facto complainant from his mobile without his knowledge and started extortion of money by dissemination of the videos and photos in social media; that the accused extracted more than Rs.20 lakhs along with the other accused of Mumbai from the de facto complainant through Axis Bank, S.B.I. Bank and ICICI Bank, on various dates; and that the private photos and videos of the de facto complainant are

uploaded in the Whatsapp group "KISHORE SOLANKI" having more than 197 members who are the clients of the de facto complainant located at different parts of the country. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the offences alleged against her; that the allegations levelled against the petitioner are false and frivolous; that the petitioner never instigated or threatened to upload the private photos and videos of the de facto complainant in social media; that in order to extract money, the de facto complainant foisted a false case against the petitioner; that there are disputes between the petitioner and the de facto complainant; that the de facto complainant harassed the petitioner mentally by filing the present petition; that except the bald allegations that the petitioner conspired with accused Nos.2 to 4, there is no iota of evidence that the money was transferred to the account of the petitioner; and that the petitioner is a law abiding citizen and is ready to abide by any conditions that may be imposed by this Court in the event of her enlargement on anticipatory bail.

5.

Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner. 6.

As seen from the contents of the F.I.R., there are specific allegations against the petitioner with regard to her blackmailing the de facto complainant and extortion by dissemination of the private photos and videos of the de facto complainant in the

social media. The de facto complainant has even furnished the details of the money given to the accused through various Banks pursuant to the emotional blackmailing by the accused. The investigation into the case is still in progress. Hence, at this stage, having regard to the nature of allegations levelled against the petitioner and the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

7.

The Criminal Petition is accordingly dismissed. 8.

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

__________________ JUSTICE G.SRI DEVI 20th December, 2019 dr