Andhra Pradesh High Court - Amravati
Konda Srinivas S.M.Srinivas vs The State Of Andhra Pradesh on 3 February, 2023
THE HON'BLE MS JUSTICE B.S.BHANUMATHI
Criminal Petition No.616 of 2023
ORDER:
This Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973 ('CrPC'), is filed by petitioner, who is A21 in Crime No.51 of 2022 of Cyber Crime Police Station, NTR District, registered against the petitioner and others for the offences punishable under Sections 420, 120-B IPC, Sections 4 and 5 of the Prize, Chits and Money Circulation Schemes (Banning) Act, 1978, Sections 4 and 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, and Section 66 of the Information Technology Act, 2000.
2. Heard Sri K. Naresh Kumar, learned counsel for the petitioner/A21 and the learned Assistant Public Prosecutor representing the respondent/State.
3. The case of prosecution, in brief, is that A2 got registered A1 firm under the name and style "Sankalpmart" through a software person, by name, Rompicherla Vijaya Rama Seshacharyulu, in the website and created I.P. address, designed programme for learning members into 10 levels inviting deposits offering higher income on their investments and collected deposits from several customers. Later, A1 and A2, with the deposits of the customers, purchased 2 BSB, J Crl.P.No.616 of 2023 properties at various places. Petitioner/A21 initially joined as member in A1 company and got huge returns and induced so many customers and got deposited money in favour of schemes. Petitioner attended several meetings of the company and in criminal conspiracy with other accused, induced innocent public in joining as members in various schemes of the company and collected huge deposits. It is further alleged that basing on the confession, the petitioner/A21, was arrested.
4. Learned counsel for the petitioner submitted that the petitioner has been in jail for 53 days having been arrested on 05.12.2022 and that the major part of the investigation is completed, though charge sheet is not filed and further that the petitioner himself is the victim in the scheme having deposited Rs.4,00,000/- from his personal money and that he had no intention of committing the offence. He further submitted that co- accused No.17 with the similar allegations has been granted bail by this High Court in Crl. P.No.10623 of 2022 on 05.01.2023.
5. Learned Assistant Public Prosecutor opposed the bail, however submitted that if this Court is inclined to grant bail in view of the earlier bail granted to the other accused, the same is within the discretion of the Court.
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6. Considering the fact that the major part of investigation is completed, though charge sheet is not filed, and the petitioner is not prime accused and that the accused standing on the similar footing has already been granted bail, this Court is of the view that the petitioner can be enlarged on bail with certain conditions.
7. In the result, the petition is allowed. The petitioner/A21, by name Konda Srinivas @ S. M. Srinivas, shall be released on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each, to the satisfaction of the learned Special Judge for trial of A.P. Protection of Depositors of Financial Establishments Act, 1999-cum
-Metropolitan Sessions Judge, Vijayawada, and subject to complying the following conditions:
i. The petitioner shall co-operate with the investigation and shall attend before the Station House Officer, Cyber Crime Police Station, Vijayawada, on every alternative day between 10-00 A.M. and 5-00 P.M. starting from the day of his release until further orders or till charge sheet is filed, whichever is earlier. ii. The petitioner/A21 shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses. He shall co-operate with the investigation, and shall not tamper the evidence.
Pending miscellaneous applications, if any shall stand closed.
___________________ B.S.BHANUMATHI, J 03-02-2023 RAR