1. This memorandum of Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioner – accused No.1 on bail in connection with Crime No.173 of 2026 of P.S.Goshamahal. The offences alleged against the petitioner – accused No.1 are under Sections 318(4), 316(5), 111(2), 61(2), 249(b) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard Sri Hari Prasad Podila, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor for the respondent – State.

3. Learned counsel for the petitioner submits that the petitioner – A1 is innocent, she has not committed any offence and she is falsely implicated in the case. There is no connecting evidence in respect of the petitioner – A1. The allegation of the transaction of sale and purchase between the petitioner – A1 and complaint was purely related to contract of sale of goods which is purely civil in nature. Bail application filed by the petitioner - A1 before the Sessions Court came to be dismissed on 28.07.2026 and entire investigation is completed. Counsel to substantiate his contention has relied on the decision in the case of Pesala Sivashankar Reddy vs. The State of Andhra Pradesh (Crl.P.No.8201 of 2014, dated 10.12.2024 of the High Court of Andhra Pradesh, Amaravati.) and prayed to grant bail to the petitioner – A1.

4. Learned Additional Public Prosecutor for the respondent – State has filed written instructions of Sub Inspector of Police, Goshamahal P.S., Hyderabad City and contended that petitioner – A1 is involved in Crime No.751 of 2021 for the offence under Section 420 of IPC of Rajendranagar PS and in Crime No.122 of 2022 of Kanekal PS, Ananthapur District, Andhra Pradesh for the offences under Sections 120(B), 420 and 506 of IPC. Petitioner – A1 has placed order for 2000 kgs of large cardamom wroth of Rs.45,15,000/-. Believing the petitioner – A1 assurance and payment representations, the complainant has dispatched the goods to Hyderabad but the petitioner – A1 failed to make payment and stopped responding to his calls and messages and induced the complainant to supply the goods and thereby cheated him, causing a wrongful loss of Rs.45,15,000/-

5. LW1 – Bijay Kumar Rai has lodged a complaint before PS Goshamahal on 14.05.2026 stating that on 02.05.2026 petitioner – A1 representing herself as businesswoman, proprietor of AL-KALEEM contacted LW1 Manager regarding purchase of large cardamom and ginger flakes. Relying on the assurance of the petitioner – A1, they supplied 1,000 kgs of large cardomom belonging to Mr. Mohan Kumar Karki and 1,000 gks of large cardamom belonging to M/s.Agro Future and dispatched the same from New Jalpaiguri railway station, Siliguri, West Bengal to Charlapally railway station of Hyderabad on 06.05.2026. Petitioner -A1 failed to make payment of Rs.45,15,000/-. Goods were successfully delivered on 09.05.2026 at Hyderabad. Basing on the said complaint FIR came to be registered on same day.

6. Petitioner – A1 and A8 – Hashim Shaikh were remanded to judicial custody on 02.06.2026, since then they are in jail.

7. A2 – Mohammed Imran, A3 – Vinod Kumar Bhati, A4-Sanjay Kumar Bhati were arrested on 15.05.2026 and were produced before the concerned court for remand. Remand case diary dated 02.06.2026 goes to show that A5, A6, A7, A9, A10, A11 and A12 are absconding.

8. Petitioner – A1 is involved in Crime No.751 of 2021 of Rajendranagar PS for the offence under Section 420 of IPC and she is also involved in Crime No.122 of 2024 of Kanekal PS, Ananthapur District, Andhra Pradesh State for the offence under Sections 120(B), 420 and 506 of IPC.

9.1 In P.Sivashankar Reddy1 it is observed at paragraph No.11 that: “This Court agrees with the observations of the Kerala High Court and admittedly, no charge sheet is filed against the petitioner for similar offenses in any court of law in the preceding ten years as such, cause for invocation of Section 111 of B.N.S. has to be dealt appropriately by the investigating officer during the course of investigation of the crime.”

               9.2 The decision cited by the learned counsel for the petitioner – A1 is not applicable to the case on hand as the facts are distinguishable from the facts of the present case and the ratio laid down in the above said decision will not apply to the case on hand.

10. It is mentioned in the remand case diary that the investigation is still pending for seizing of incriminating material, recovery of cheated property, to trace the main operators, hierarchy, source and modus operandi of cheating innocent customers and the petitioner- A1 is native of Kerala State. Investigation in the case is still pending for apprehending accused Nos.5 to 7 and 9 to 12 and also for seizing incriminating material, recovery of cheated property, to trace out the main operators, hierarchy, source, modus operandi of the cheating innocent customers.

11. Petitioner has not made out any case for grant of bail and the same is liable to be dismissed and is accordingly dismissed.

12. Crl.P.No.12877 of 2026 is dismissed. Miscellaneous application/s, if any pending, shall stand closed.