Thammi Balaji Gupta @ Thammi Balaji, v. The State Of Telangana,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14963 OF 2025 05th DAY OF DECEMBER 2025 Between :
Thammi Balaji Gupta @ Thammi Balaji & another ...
Petitioners/A.1 & A.2 And The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad ...
Respondent
ORDER
This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, by petitioners/A.1 and A.2 seeking anticipatory bail in connection with Crime No.1040 of 2025 of Jawaharnagar Police Station, Medchal-Malkajgiri District. The offences alleged against the petitioners are under Sections 318(4) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and under Section 5 of
- 2 - Telangana Protection of Depositors and Financial Establishment Act, 1999 (for short 'Depositors Act').
2.
The case of the prosecution is that the defacto complainant lodged a complaint on 10.09.2025 alleging that in the month of February, 2023 the petitioners collected an amount of Rs.11 Lakhs from him under the pretext of schemes, chits and offers gold, they have also cheated several others to a tune of Rs.3 Crores including Chiranji Ravinder Gupta, Girishetty Barish Gupta, Paidi Rajini and Koteshwaramma. Despite repeated demands the accused have been delaying repayment from several months. As such, requested the police to take necessary action against the accused. Basing on the said complaint, police registered the case against the accused for the above offences.
3.
Heard Sri P.Vamsheedhar Reddy, learned counsel for the petitioners and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent-State.
4.
The contention of learned counsel for the petitioners is that earlier bail application was dismissed by this Court and at that time the petitioners did not inform the Court that they are subscribers in the chit run by Parapathi Sangam and that they
- 3 - are falsely implicated in this case. The defacto complainant is the president of the said Parapathi Sangam and in fact petitioners are victims in the present case and without proper investigation, police registered the case against the petitioners. Petitioners are innocent of the said allegations. Petitioner No.2 is the wife of petitioner No.1 except she being the wife of petitioner No.1, there are no specific allegations against her. As such, prayed this Court to grant anticipatory bail to the petitioners.
5.
On the other hand, learned Additional Public Prosecutor opposed bail stating that there is no such material to show that petitioners herein are subscribers of the chit in Parapathi Sangam and the said Parapathi Sangam is no way connected with the present case. Huge amount is involved in this case. If petitioners are granted anticipatory bail, it would be difficult for the investigating agency to trace out the amount looted by the petitioners. As such, prayed this Court to dismiss this petition. 6.
Considering the submissions made and the material on record, though there are no changed circumstances from the earlier petition to this petition, the contention of learned counsel for the petitioners is that in fact petitioners are subscribers of
- 4 - the chit in Parapathi Sangam and they have not maintained any chits or schemes and no document is filed by the petitioners to show that they are subscribers. Further investigation is at the initial stage and at this stage it cannot be concluded that petitioners are the subscribers without any document to show the same. The complaint filed by the defacto complainant shows that there are several victims in the hands of petitioners. Considering the same, petitioners are not entitled for bail on merits. However, as petitioner No.2 is the wife of petitioner No.1 who is not involved in any affairs of the said chit, this Court is inclined to grant anticipatory bail to petitioner No.2 subject to the following conditions :
i.
The petitioner No.2 /A.2 shall surrender before Station House Officer, Jawaharnagar Police Station, MedchalMalkajgiri District within two weeks from today, and on such surrender, the said Station House Officer shall release petitioner No.2/A.2 on bail on her executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for the like sum each.
ii.
The petitioner No.2/A.2 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight
(8) weeks, for the purpose of investigation and thereafter, as and when required.
- 5 - iii.
The petitioner No.2/A.2 shall abide by other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.
7.
Accordingly, the Criminal Petition is partly allowed granting anticipatory bail to petitioner No.2/A.2 and the criminal petition in sofar as petitioner No.1/A.1 is concerned, it is dismissed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date : 05.12.2025 Rds
- 6 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14963 OF 2025 DATE :05.12.2025 Rds