Shaik Areef, v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15443 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.205 of 2024 of Mohammadabad Police Station, Mahabubnagar District, on bail, the present Criminal Petition is filed. 2.
The brief facts of the case are that Asian Paints Limited launched online program namely 'Masterstrokes' and the registered contractors of the said company, who enrolled for the said online programme, used to collect the redeemable cash reward points through QR code with a limit on daily redemption Rs.1,00,000/- points amounting to Rs.20,000/-. It is stated that the accused persons illegally redeemed huge number of points by manipulating the encoded date in the QR code without purchasing or using the products of the said company. Hence, a case was registered vide Crime No.205 of 2024 before the Mohammadabad Police, Mahabubnagar District, for the offences punishable under Sections 403, 406, 409, 411, 413, 415, 418, 420, 465, 471, 120(b) read with 34 of the IPC and Sections 66, 66(b) of the ITA.
3.
Heard Sri Muppu Ravinder Reddy, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that though there is no corroborative evidence to prove that the petitioner manipulated the encoded data in the QR code, the petitioner was implicated in the case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 06.11.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Mailardevpally, Hyderabad, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application the petitioner, vide Crl.M.P.No.362 of 2024, was dismissed by the III Additional District and Sessions Judge at Mahabubnagar, on 29.11.2024, without valid reasons and prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are serious allegations against the petitioner and also the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.
6.
After considering submissions made by both the parties and reviewing the record, since the petitioner is languishing in jail from 06.11.2024 and material part of the investigation is completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.
The petitioner shall execute a personal bond for a sum Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction the Judicial First Class Magistrate-CumMobile Court at Mahabubnagar. ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 24.12.2024 gms
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15443 of 2024 Date: 24.12.2024 gms