Andhra Pradesh High Court - Amravati
Manjunadh Jandh Satyanarayan J S ... vs The State Of Andhra Pradesh on 13 September, 2023
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION Nos.4921, 4944 and 5532 of 2023
COMMON ORDER (ORAL):
Since all these three applications, under Sections 437 & 439 Cr.P.C, seeking enlargement of the petitioners on bail, arise out of same crime in which the petitioners herein are arrayed as accused, they are heard together and are being disposed of by this common order.
2. Crl.P.No.4921 of 2023 is filed by accused No.2, Crl.P.No.4944 of 2023 is filed by accused Nos.3 to 5 and Crl.P.No.5532 of 2023 is filed by accused Nos.1 & 6 in Crime No.148 of 2023 on the file of Kadiyam Police Station, East Godavari District, registered for the offences punishable under Sections 306, 504, 509, 384, 386 read with Section 34 I.P.C. and Section 67 of Information & Technology Act.
3. It is to be noted that learned counsel for the petitioners in Crl.P.No.5532 of 2023 would submit that she does not intend to press the said criminal petition insofar as accused No.1 is concerned, as he has already been released on statutory bail. Hence, the said criminal petition is dismissed as not pressed as against petitioner No.1/accused No.1 and would survive insofar as petitioner No.2/accused No.6.
4. The case of the prosecution, in brief, is thus: One Surakasula Hari Krishna (hereinafter referred to as 'the deceased'), who was studying I Year 2 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 B-Tech Course in Aditya Engineering College, Surampalem, obtained loan through an Online App called 'PEPI Loan App' by installing the said App in his mobile phone on 28.01.2023 and enabled access to his data, such as, Aadhar Card, Pan Card and bank account details to the said Loan App authorities for sanction of Rs.3,200/- towards loan, and an amount of Rs.1,800/- was credited to his mother's bank account. Later, upon receiving messages from the said Loan App to repay the amount of Rs.3,200/- within a week, he repaid Rs.3,200/- to the said Loan App. Even after clearing the debt, the said Loan App authorities sent messages to him asking for payment of another Rs.3,200/- towards due and threatened him that if he fails to make payment, they would send his morphed nude photos to the contacts in his contact list. Due to fear, the deceased installed another Loan App by name 'Petty Cash' and took a loan of Rs.5,000/-, of which Rs.3,200/- was credited to his mother's bank account. He cleared the debt of PEPI Loan App and uninstalled the said App. Later, he received threatening messages from Petty Cash Loan App to remit an amount of Rs.21,000/- within a week, upon which he questioned the said Loan App authorities for charging high amounts for small amount of loan obtained by him. Then, he got threatening messages from the said Petty Cash Loan App that they would send his morphed nude photos and videos to his contacts. Then he obtained loan of Rs.25,000/- from 1) Cash Lent 2) Loan Plant 3) Small Credit and 4) Credit Party Loan Apps and remitted Rs.21,000/- to Petty Cash Loan App through UPI and uninstalled the said App from his phone. Further, he remitted Rs.6,000/- also to Credit Party Loan App and uninstalled the said 3 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 App. Later, he remitted loan amounts to other three Loan Apps before 15.02.2023, but he received messages from the remaining 3 Loan Apps, demanding him to pay cash and threatening to send his morphed nude photos to his contacts. Unable to bear the same, the deceased approached police of Kadiyam Police Station and lodged a report, on the basis of which, a case in Crime No.87 of 2023 for the offences under Sections 504, 506, 509, 384 & 386 read with 34 I.P.C. and Section 66(C) and 67 of Information & Technology Act has been registered and investigated into. While so, on 06.05.2023 in the evening, the deceased again got threatening messages and his morphed nude photos to his WhatsApp number from the phone numbers of Cash Kingdom & Loan At Speed Loan Cash Apps and other Loan Apps. Due to the mental agony caused to him by such acts of the Loan Apps, the deceased committed suicide by hanging himself to ceiling fan in his house, in the absence of family members. Basing on the report lodged by the father of the deceased, the present crime has been registered. During the course of investigation, accused No.1 was arrested on 12.05.2023 and he confessed that he has been earning money easily by cheating the public through unauthorized online Apps, trading Apps and other online sources and that he demanded the deceased, who took money through Loan Apps, to send money to him, even after repayment of loan amount, by threatening that he would send morphed nude photos of the deceased to his contacts. Later, accused No.2 was arrested on 17.05.2023 and he confessed that he has been getting bank accounts opened by innocent persons by offering them money and giving those account details to the online 4 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 Loan App authorities and that he sent abusive and threatening messages to the deceased demanding him pay more money. The investigation further revealed that one Xing (A3) and his associates have been getting various bank accounts opened in India, securing details of those accounts and operating online App business and thereby, collecting huge amounts from innocent persons fraudulently. On 23.05.2023, A3 to A5 were apprehended at the outskirts of Chennai and their confession revealed that they along with A7 to A9, hired agents in South Asian countries and formed groups in the countries and through their agents, they have been getting bank accounts opened in India by needy/greedy people on the pretext of using those bank accounts for online gaming, which is legal in Malaysia, lending small amounts to the public through Online Apps and collecting huge amounts by sending threatening messages and morphed nude photos to them and to their contacts. They further confessed that they pay an amount of 220 US dollars to their agents for each account every month and A5 and A10 monitor the accounts in India. On 27.05.2023, A6, who has been collecting bank accounts from the agents and sending those details to the persons in other countries, was apprehended near East Railway Station, Rajamahendravaram, and his confession statement was also recorded.
5. Learned counsel for the petitioner/A2 in Crl.P.No.4921 of 2023 would contend that A2 has been falsely implicated in the present crime only on the basis of statement of L.W.5 and except the same, there is no other incriminating material pointing towards the guilt of A2. Learned counsel for the petitioner No.2/A6 in Crl.P.No.5532 of 2023 would contend that A6 has not 5 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 committed any offence, much less the offence alleged, and basing on the confession statements of other accused, he has been arrayed as accused in the present crime and that the phone numbers from which the deceased received alleged threatening messages do not belong to this petitioner. So far as the petitioners/A3 to A5 in Crl.P.No.4944 of 2023 are concerned, learned counsel appearing for them would submit that basing on the statements of some witnesses, the present petitioners have been roped in the present crime, without there being any direct evidence to show that they have sent threatening messages to the deceased and thereby abetted his suicide. Further, learned counsel for the petitioners/A3 to A5 in Crl.P.No.4944 of 2023 would submit that the passports of these petitioners may be directed to be retained and that they also undertake that they will not leave the country without prior permission of the Court, and by imposing certain conditions in that regard, they may be released on bail. In support of his plea, he placed reliance upon the decision of the Hon'ble Supreme Court in S.C. Legal Aid Committee Representing Undertrial Prisoners v. Union of India reported in (1994) 6 SCC 731, common order of this Court dated 04.08.2020 passed in Crl.P.Nos.2885 of 2020 & batch, and also the decisions of the High Court of Delhi in 1) Sumer Singh Salkan; Court On Its Own Motion Re v. Assistant Director & others reported in 2010 LawSuit (Del) 1628; 2) Raman Bhuraria v. Directorate of Enforcement reported in 2023 LawSuit (Del) 403; 3) Rajesh Datta @ Raj v. The State and the FRRO (W.P(C).No.10643 of 2020 dt.12.01.2021). Since charge sheet has 6 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 already been filed, learned counsel for all the petitioners would pray to enlarge the petitioners on bail.
6. On the other hand, learned Assistant Public Prosecutor appearing for the State would oppose the applications, contending that some other accused are still at large and though charge sheet has been filed, since the investigation in respect of other accused, who are yet to be apprehended, is still underway, releasing the petitioners may hamper further investigation.
7. This Court has considered the submissions made on either side and perused the material available on record.
8. Admittedly, investigation has been completed and charge sheet has already been filed insofar as the present petitioners. In that view of the matter, this Court is of the opinion that A2 and A6 can be enlarged on bail. However, so far as A3 to A5/petitioners in Crl.P.No.4944 of 2023 are concerned, it is to be noted that they are residents of Malaysia and according to the prosecution, they, along with A7 to A9, who are also residents of Malaysia, have been hiring agents and through them, getting various bank accounts opened in India, collecting details of those accounts, lending small amounts through Online Loan Apps and collecting huge amounts from the loanees by sending threatening messages and morphed nude photos to them and to their contacts. Since A7 to A9, who are said to be associated with A3 to A5 in the alleged Online Loan App business, are yet to be apprehended and investigation insofar as their role is still underway, this Court is of the opinion that if A3 to A5 are released on bail at this stage, there is every likelihood of their getting into contact with A7 to A9 7 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 and agents connected with the alleged online Loan App transactions, and hampering the investigation pending in respect of the role of A7 to A9, in which event the investigation so far done would get diluted. In that view of the matter, this Court is not inclined to enlarge A3 to A5 on bail at this stage.
9. Accordingly, Crl.P.No.4944 of 2023 is dismissed. Crl.P.No.4921 of 2023 filed by accused No.2 is allowed and Crl.P.No.5532 of 2023 is partly allowed, i.e., in respect of petitioner No.2/A6, with the following conditions:
(i) The petitioner in Crl.P.No.4921 of 2023 (Accused No.2) and petitioner No.2 in Crl.P.No.5532 of 2023 (Accused No.6) are directed to be released on bail on their executing a personal bond for Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for a like sum each to the satisfaction of the learned VII Additional Judicial First Class Magistrate, Rajamahendravaram.
(ii) On such release, Accused Nos.2 and 6 shall appear before the Station House Officer, Kadiam Police Station, once in a week, i.e., on every Sunday between 10.00 a.m. and 2.00 p.m., until further orders.
(iii) Further, Accused Nos.2 and 6 are directed not to hamper the investigation and not to tamper with the prosecution witnesses.
____________________________ K. SURESH REDDY, J Dt: 13.09.2023 IBL 8 KSR,J Crl.P.Nos.4921, 4944 & 5532 of 2023 HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION Nos.4921, 4944 and 5532 of 2023 Dt: 13.09.2023 IBL