Gajaria Vamshi v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14763 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.2 in Crime No.34 of 2024 of Cyber Crime Police Station, T.S. Cyber Security Bureau, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that the de facto complainant and three others were deceived by Gajarla Vamshi, who promised them a lucrative job in Laos with a hefty salary. The complainants paid Rs.1,50,000/- each, totaling Rs.6,00,000/-, but upon arrival in Laos, they discovered the job was a scam involving illegal activities. They were confined, threatened, and forced to engage in fraudulent online activities. After escaping and returning to India, they incurred significant expenses and mental stress.
The complainant requests legal action against Gajarla Vamshi and others for fraud, exploitation, and putting their lives at risk. 3.
Heard Sri K.
Chandra Sehkar, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar
Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the allegations against the petitioner are false and vexatious. The petitioner is a respectable citizen with good antecedents and has been falsely implicated in the case. He further submitted that the investigation is completed, and there is no requirement for the custody of the petitioner and that the petitioner undertakes to co-operate with the investigation and trial, and to present himself before the Court as and when directed. He further submitted that the petitioner also undertakes not to tamper with the evidence or witnesses. The petitioner has sufficient sureties and is willing to abide by any conditions imposed by the Court. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor submitted that the allegations leveled against the petitioner are serious in nature and the immigration is also involved in this case. Till now, four witnesses were examined and accused No.1 is absconding. At this stage, granting of bail to
the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.
6.
Considering the submissions made by both the learned counsel and the a perusal of the material available on record, this Court observes that the allegations against the petitioner are under Sections 318(4), 143, 127(2), 351(2), and 351(3) of the BNS Act and Section 24 of the Immigration Act. The victims have already been examined by the Investigating Officer, and the petitioner has been in judicial custody since 26.10.2024. In view of these circumstances, this Court deems it fit to grant bail to the petitioner with the following conditions:
i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned IV Additional Sessions Judge, Hyderabad.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation
till the filing of the charge sheet, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 12.12.2024 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14763 of 2024 Date: 12.12.2024 SAI