Mr. Shaik Meera Hussain v. The State Of Telangana

[33851 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: {5477 OF 2024 Between:

Mr. Shaik Meera Hussain, S/o Shaik Bikkan sat, Age. 55 yrs, Occ. Business (real estate), R/o. Rajiv Swagruha, C9- Block, Flat No.502, Bandlaguda, Nagole, R.R Dist, N/o. H.No.8-73, Main Road, Nuthankal Village & Mandalam, Suryapet Dist, Telangana

...Petitioner/Accused No.1

AND The State of Telangana, thro Public Prosecutor High Court ug of h, P.S Cyber Crime, Hyderabad. Rep by its Telangana, Hyderabad.

...Respondent

Petition under Section 480, 483 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in Crime vide Crime No.254612O24 i.e., Under Sec. Offence U/Sec. 66 C, 66 D lT Act, 86 Sec 308(2)' 318(4), 319(2), 336(3), 338,340(2) of BNSS.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri JANARDHAN SUNKARI, Advocate for the Petitioner and Mr. SYED YASAR MAMOON' the Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15477 of 2024 ORAL ORDER:

Seekinl4 the Court to enlarge the petitioner, who is arrayed as accused No.1 in Crime No.2546 of 2024 of Cyber Crime Police Station, Hyderabad, on bail, the present Criminal Petition is lilr d.

2.

The brief facts of the case are that on 24.10..2024' received a complaint from de facto complainant stating t.hat a she receivecl a WhatsApp call from the cell number 8623956089. The caller claimed to be from the Mumbai tlyber Crime unit and stated that her Aadhaar card was being misused in various states, including Goa, Flaryana, and Punjab. It is alleged that her Aadhaar information was used to obtain a .Jio tiber network connection, which was involved in illegal actn,itics such as child trafficking, pornography, and moncv fraucl. The caller threatened her, stating that she was a suspcct in a money fraud case and would be arrested if she disconnected the call.

SKS,J Ctl.P.No.15477 ot 2024 3.

Heard Sri Janardhan Sunkari, learned counsel appearing on behalf of the petitioner as well as Sri Sri Syed Yasar Mamoon, learned Additional public prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioner submitted that even if the allegations are taken as true, no prima facie case is made against the petitioner and that the allegations do not constitute an offence as alleged in the complaint. He further submitted that the petitioner denies involvement in the alleged offence and claims that the allegations are false and an abuse of the Iegal process and that the necessary ingredients for the alleged offence are not present in the complaint, and no overt act is attributed to the petitioner. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public prosecutor submitted that the allegations leveled against the petitioner are serious in nature, at this stage, granting of bail to the petitioner does not arise. Further, the investigation is not yet completed. Therefore, he prayed the Court to dismiss the criminal petition.

SKS,J Crl"P,No.1.5477 of 2024 6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it is noted that that the bank account of the petitioner was implica[ed in a transaction resulting in a subsl-antial linancial loss of Rs.3,21,0O0/- for the victim. Further, this amount remiains unrecovered to date. In light of the severit5r of the offence and the fact that the primary perpetrator remains unknown, the Court is not inclined to grant bail to the petitioner at this juncture. Therefore, this Court does not find any merit in the criminal petition to grant bail to the petitioner anC the same is liable to be dismissed. 7.

Accordingly, this Criminal Petition is dismissed. Misccllancous applications, i[ any pending, shall stand closed.

Sd/- V. HARI PRASAD AS ISTRAR //TRUE COPY// FFICER To, '1. The Xll Additionat Chief Judicial Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Cyber Crime police Station, Hyderabad.

3. Two CCs to the PUBLTC PROSECUTOR, High Court at Hyderabad.(OUT)

4. One CC to SFlt JANARDHAN SUNKARI Advocate IOPUC]

5. Two CD Copir:s ')^ RC/sh ( .li

HIGH COURT DATED: 3111212024 -( s t\-: STAI .< za Frts l() it2 2U5 t * (ro.

oEs p ^Tct{ CRLP.No.15477 ot 2024

ORDER

ACCORDINGLY THIS CRIMINAL PETITION IS DISMISSED ?+ rT;\,s3ce"12rr)'