Gajendran Subramanyam, 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.15194 of 2025 2nd DAY OF DECEMBER 2025 Between:

Gajendran Subramanyam.

PETITIONER The State of Telangana, Cyber Crime P.S., (Hqrs) TGCSB, rep by Public Prosecutor.

RESPONDENT

ORDER

This Criminal Petition is filed seeking this Court to enlarge the petitioner on bail who is arrayed as accused No.15 in Crime No.37 of 2025 before the Cyber Crime Police Station, TSCSB, registered for the offences punishable under Section 66D of IT Act, 318(4), 319(2), 338 of BNS. 2.

The brief facts of the case are that the de-facto complainant had been induced by a person posing as "Mounica" to invest large sums of money in an online trading platform, after which he was repeatedly asked to pay various amounts toward taxes, account upgrades, and conversion fees, ultimately losing several crores of rupees. Based on his complaint, the respondent police registered FIR No.37/2025 for offences under Sections 318(4), 319(2) BNS and Section 66-D of the IT Act. The petitioner was shown as accused No.15, arrested on 30.10.2025 at Chennai, produced

before the VI Addl. Chief Judicial Magistrate, Nampally on 31.10.2025, and remanded to judicial custody, where he remained since then. 3.

Heard Sri M. Sai Prakash Goud, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioner had not involved in the alleged fraudulent scheme and was falsely implicated without any material linking him to the complainant or the transactions and that the arrest was illegal due to contradictions in the remand case diary and violation of Section 58 BNSS and Article 22(2) of the Constitution, as the petitioner was produced before the Magistrate beyond 24 hours without a transit warrant. He further submitted that no prima facie case was made out, no allegation in the complaint referred to the petitioner, and all offences were punishable below seven years. He contended that key co-accused were already granted bail, nothing remained to be recovered from the petitioner, his account and devices were seized. 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 opposed the submissions made by the learned counsel for the petitioner stating that the there are serious allegations against the petitioner. Further, the investigation was not yet completed. At this stage, granting of bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6.

Having regard to rival submissions made, and on going through the material placed on record, it is noted that petitioner is in jail from 31.10.2025 and as seen from record, the allegations against this petitioner is that A16 and A17 used to receive the amount in the account which is in name of petitioner. That apart, the petitioner was investigated and police custody petition was also ordered on two occasions. Considering the period of incarceration of petitioner, this Court deems it fit to grant bail to the petitioner, subject to following the below conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of the VI Additional Chief Judicial Magistrate, at Nampally, Hyderabad.

ii.

The petitioner 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.

iii.

The petitioner shall abide by the conditions stipulated in Section 480(3) of the BNSS, earlier known as 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: 02.12.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15194 of 2025 DATE: 02.12.2025 PT