Rohith v. The State Of Telangana

HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10282 of 2022 ORDER:

1.

Heard the submission of Sri G.Chandramohan, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the respondent.

2.

Seeking for pre-arrest bail, the present Criminal Petition is filed by the petitioner, who is arrayed as Accused No.6 in Crime No.1352 of 2022 of Cyber Crime Police Station, Hyderabad.

3.

Learned counsel for the petitioner submits that except the present petitioner, Accused Nos.2 to 16 were arrested and Accused Nos.3 to 16 were enlarged on bail. Learned counsel also states that as the investigation is also completed, anticipatory bail may be granted.

4.

On the other hand, the submission of the learned Additional Public Prosecutor is that sixteen (16) material witnesses were examined till now. Learned Additional Public Prosecutor did not dispute the fact of arrest of other

accused as submitted by the learned counsel for the petitioner. However, learned Additional Public Prosecutor states that the petitioner is involved in an online fraud. On that, learned counsel for the petitioner states that the involvement of the petitioner is not found even during investigation and therefore, he is not arrested. 5.

Having considered the submissions thus made, this Court considers desirable to honour the request of the petitioner, however, conditionally.

6.

In the result, the Criminal Petition is disposed of with the following directions:

(i) The petitioner/Accused No.6 is directed to surrender before the concerned Court within ten

(10) days. On such surrender, he shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for like-sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) The petitioner/Accused No.6 shall report before the Station House Officer, Cyber Crime Police Station, Hyderabad, on every Monday between 10.30 a.m. and 12:00 p.m. till filing of final report.

(iii) The petitioner/Accused No.6 shall not leave city limits of Hyderabad till conclusion of proceedings before the concerned Court. In case the petitioner intends to leave the city limits of Hyderabad, he is under obligation to obtain the prior permission of the concerned Court.\ (iv) The petitioner/Accused No.6 should not involve in any unlawful activity.

(v) The petitioner/Accused No.6 should afford all assistance for the proper investigation of the case.

(vi) The petitioner/Accused No.6 should not cause the evidence of the offence disappear.

(vii)The petitioner/Accused No.6 should not tamper with the evidence in any manner.

(viii) The petitioner/Accused No.6 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(ix) In case the petitioner/Accused No.6 holds a passport, he shall surrender the same.

(x) The petitioner/Accused No.6 should ensure his presence whenever required by the Court or Police.

(xi) The petitioner/Accused No.6 shall not leave India without previous permission of the court concerned. (xii) The petitioner/Accused No.6 shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change of the aforementioned details, the petitioner shall intimate the court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the pre-arrest bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date: 25.11.2022 ysk

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10282 of 2022 Date: 25.11.2022 ysk

CIVIL REVISION PETITION No.3578 of 2018 27.12.2021