Telangana High Court
Sushil Kumar Mandal vs The State Of Telangana on 3 July, 2023
Author: M.Laxman
Bench: M.Laxman
THE HONOURABLE SRI JUSTICE M.LAXMAN
CRIMINAL PETITION NOs.5606, 5608, 5609, 5611, 5612, 5616,
5617, 5618, 5619, 5620, 5631, 5632, 5633 AND 5634 OF 2023
COMMON ORDER:
These Criminal Petitions are filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners who are arrayed as Accused Nos.1 to 15 in C.C.Nos.2146, 906, 908, 911, 6441, 9524, 5137, 9527, 2145, 1905, 910, 909, 907 of 2022 and 420 of 2023, on the file of III Additional Junior Civil Judge, Special Excise Court at Sangareddy, Chief Metropolitan Magistrate at Nampally, VII Additional Chief Metropolitan Magistrate at Nampally, I Additional Judicial Magistrate of First Class at Siddipet and III Additional Junior Civil Judge-cum-III Additional Judicial Magistrate of First Class at Hanamkonda, respectively. The offences alleged against the petitioners are under Section 420 of the Indian Penal Code and Section 66(C) and (D) of Information Technology Act.
2. The petitioners are accused Nos.1 to 15 in all the criminal petitions, these criminal petitions are heard together and disposed of by way of this common order.
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3. The allegations against the petitioners are that accused No.16 employed accused Nos.1 to 15 to carry out the online fraud. The mode of fraud alleged is that the data provided by accused No.16 of various mobiles, these accused allegedly sent messages and when the response was there from the victims, they used to collect the data of their bank accounts and after collecting such data of the bank accounts, these accused allegedly send the data to accused No.16. Accused No.16 by using of such data, allegedly access to the accounts of various victims and got transferred the entire amounts from their accounts. This incident came to the light upon registering Crime No.161 of 2022 of Cyber Crime Police Station, Cyberabad, resulting the registration of various crimes in different police stations.
4. The contention of the learned counsel for the petitioners is that no amounts have been recovered from the present accused, they have been in detention for more than 15 months and in some cases trial went on and they were acquitted. It is also his contention that different crimes were registered in different police stations and arrests have been shown differently, so as to deny the liberty to the petitioners. It is also his further contention that the maximum punishment prescribed under Section 420 of IPC is below seven (07) 3 years. Therefore, the petitioners are entitled for bail. It is his last contention that the police have been arresting the petitioners after getting bail in other cases without effecting simultaneous arrests in various crimes.
5. Learned Additional Public Prosecutor opposed the bail application by contenting that large scale fraud has been done on various victims. The present petitioners are the actual executors of offence by providing data collected from various victims, as and when the victims responded to the messages sent by the present petitioners. Such data has been provided to Accused No.16, who made use such data to transfer the amount from the accounts of various victims. It is also his submission that already a writ petition has been filed to club all the cases together for common trial and directions have been already issued to the concerned Director General of Police to consider for clubbing of all cases. It is also contended that the petitioners - accused are residents from Jarkhand State and if the bail is granted, there is every possibility of trial being protracted and difficult to conduct speedy trial. It is also his contention that the arrests have been shown basing on the information they received, and there is no intention to defeat the grant of bail by the Courts.
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6. As seen from the investigation, accused No.16 is the prime accused, who engaged the present petitioners to carry out the collection of data by furnishing the mobile numbers of various victims and these petitioners have sent the messages to the victims mobile numbers. Whenever the victims responded, the data has been hacked and such data has been furnished to accused No.16 and such data has been used to transfer the amounts from various accounts. So far, no amounts have been recovered and accused No.16 still in abscondance.
7. This is a large scale online fraud and there are 15 petitioners in each crime and if the petitioners are released on bail, the possibility of hampering the fair and speedy trial. Further fact is that these petitioners hails from different villages of Jarkhand State and it is also difficult to travel from Jarkhand, to the proceedings pending in various Courts. Already there is a direction from this Court to consider the request of the petitioners for clubbing all the criminal cases pending, so that a common trial can be held and the proceedings can be speedily disposed of. With regard to the grievance of arresting in a subsequent crime, after bail was granted in other crime is concerned, if the data of all pending cases is furnished, it could be easy for the concerned officers to get the 5 remand in each case simultaneously or by PT warrant. This issue can be solved by Director General of Police as all the cases are transferred together and posted before the single Court since there is already a direction in this regard. The apprehension entertained by the petitioners is well protected. Though the offences are punishable below seven (07) years, the fact remains is that there is a large scale online fraud and different FIRs were registered. There are multiple offenders in the present petitions and that too they are away to the Courts, where the criminal proceedings are pending. If the petitioners are released on bail, there is every chance of delaying the trial for one or other reasons, on account of giving liberty to them by granting bail. The provision under Section 436(A) of Cr.P.C. is already gives a guarantee to release, if the substantial sentence is undergone and such provision has been brought in keeping in view of the principles under Article 21 of Constitution of India. Hence, I do not find any merit in these petitions.
8. Accordingly, all the criminal petitions are dismissed. Miscellaneous petitions, if any shall stand closed.
_________________ JUSTICE M.LAXMAN Date: 03.07.2023 pld/ns 6 THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION NOs.5606, 5608, 5609, 5611, 5612, 5616, 5617, 5618, 5619, 5620, 5631, 5632, 5633 AND 5634 OF 2023 Date: 03.07.2023 pld/ns