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CDJ 2026 APHC 379 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 1696 of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Thommadru Surya Srinivas Manikantha @ Surya Versus The State Of Andhra Pradesh, Rep. By Its Public Prosecutor, High Court Of A.P., Amaravathi, Through Vijayawada
Appearing Advocates : For the Petitioner: Dr. Anwar Shaik, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 11-03-2026
Head Note :-
Criminal Procedure Code - Section 437/Section 438/Section 439/Section 482 -
Judgment :-

(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of rounds of Criminal Petition, the High Court pleased to enlarge the Petitioner/A. 1 on Regular Bail in connection with FIR No. 106 of 2025 of Cyber Crime Police Station, Vijayawada, NTR District, on such terms and conditions as this Hon’ble Court may deem fit and proper in the interest of justice)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.1, seeking regular bail, in FIR No. 106 of 2025 of Cyber Crime Police Station, Vijayawada, NTR District, registered for the offences punishable under Section 318(4), 319(2), 61(2), 111(4) of Bharatiya Nyaya Sanhitha, 2023 (for brevity “BNS”) and Section 66D of IT Act, 2000-2008.

2. Heard Sri Dr. Anwar Shaik, learned counsel for the petitioner/accused No.1 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

3. The case of the prosecution, in brief, is that, the Accused No.3 induced the complainant in 2024 to open bank accounts by offering Rs.10,000/- per account for sharing account details. Acting on his instructions, the complainant accompanied A.3 to City Union Bank, Bhavanipuram, submitted Aadhaar and PAN details, and accounts were opened. Subsequently, small amounts were credited to the complainant and his relatives' accounts. Basing on the report of complainant, the Police registered the Cr.No. 106/2025 by Cyber Crime Police Station, Vijayawada for the offences punishable under sections 318 (4), 319 (2), 61 (2), 111 (4) of Bharatiya Nyaya Sanhita, 2023 and Section 66-D of I.T.Act, 2000-2008.

4. Learned counsel for the petitioner submits that the petitioner has been in judicial custody since 04.01.2026. It is further submitted that this Hon’ble Court has already granted bail to Accused No.3 in the same case vide order dated 23.02.2026 passed in Crl.P.No.1070 of 2026 on medical grounds. Learned counsel further submits that the petitioner’s wife is in the ninth month of pregnancy and her expected date of delivery is on 20.04.2026. Therefore, the presence of the petitioner is necessary to take care of his wife during this crucial period. It is also submitted that the petitioner is ready and willing to furnish sureties to the satisfaction of this Hon’ble Court and will comply with any conditions that may be imposed by the Court.

5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that there are approximately 199 victims involved in the present case. It is further submitted that initially a notice was served upon the petitioner under Section 35(3) of BNSS and, thereafter, after obtaining permission from the Court, the petitioner was arrested by the police. Learned Assistant Public Prosecutor would further submit that petitioner was taken into custody twice. Custodial interrogation is completed.

6. Considering the submissions made by both sides and upon perusal of the material placed on record, it is noted that the petitioner has been in judicial custody since 04.01.2026. Taking into consideration the submission of the learned counsel for the petitioner that the petitioner’s wife is in the advanced stage of pregnancy and is expected to deliver a child in the month of April, 2026, with the expected date of delivery being 20.04.2026, and further that the crucial part of the investigation has already been completed, this Court is inclined to grant regular bail to the petitioner/Accused No.1 on the following conditions:

                  i) The petitioner/Accused No.1 shall appear before the concerned Jurisdictional Court within a period of one (1) week from today and shall furnish personal bond for Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum each to the satisfaction of the concerned Court.

                  ii) On release, the Petitioner/Accused No.1, shall appear before the Station House Officer concerned, twice in a week i.e., on every Wednesday and Saturday between 10:00 AM and 05:00 PM, till further orders.

                  iii) The petitioner/accused No.1 shall appear before the Investigating Officer as and when required and cooperate with the investigation.

                  iv) The petitioner/accused No.1 shall not directly or indirectly induce, threaten or influence any witness acquainted with the facts of the case.

                  v) The petitioner/accused No.1 shall not tamper with the prosecution evidence in any manner.

                  vi) The petitioner/accused No.1 shall not leave India without prior permission of the Court concerned.

                  vii) The petitioner/accused No.1 shall furnish his residential address and contact details to the Investigating Officer and shall keep the Investigating Officer informed of any change of address.

                  viii) The Petitioner/Accused No.1, shall surrender his passport, if any, to the investigating officer. If he claims that he do not has passport, he shall submit an affidavit to that effect to the Court concerned.

                  ix) The petitioner/accused No.1 shall furnish information relating to the offence if any, for the purpose of early conclusion of investigation.

7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail applications and they shall not be construed as opinion on the merits of the Crime.

9. Accordingly, this Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

 
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