Faruk Ansari Vs The State of Telangana — Anticipatory Bail | Telangana HC (2025)

Faruk Ansari Vs The State of Telangana — Anticipatory Bail | Telangana HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail granted: petitioner to surrender before the Station House Officer, Cyber Crime Police Station, Cyberabad Commissionerate, within two weeks, and on such surrender to be released on bail on a personal bond of Rs.25,000/- with two sureties of like sum each; to abide by the other conditions stipulated in Section 482(2) BNSS, co-operate with the Investigating Officer, and appear before him every Monday (09:00 a.m.-05:00 p.m.) till filing of the charge sheet and thereafter as and when required; pending miscellaneous applications, if any, stand closed.

Issue for consideration

Whether pre-arrest bail under Section 482 BNSS should be granted to the petitioner, the accused in Crime No.2375 of 2023 of the Cyber Crime Police Station, Cyberabad Commissionerate. +1 more

Court's answer

Having regard to the facts and circumstances of the case, including the petitioner's incarceration, the Court deemed it appropriate to grant bail to the petitioner, subject to conditions.

Ratio / Principle

The grant of bail rested on the Court's finding that although the crimes were registered on 09.11.2023, the petitioner had been in jail since 09.05.2024, no steps had been taken to investigate, and the PT warrant filed had not been executed.

Key takeaways

Condition (i): the petitioner shall surrender before the Station House Officer, Cyber Crime Police Station, Cyberabad Commissionerate, within two weeks, and on such surrender shall be released on bail on executing a personal bond of Rs.25,000/- with two sureties of like sum each.ratio¶6
Condition (ii): the petitioner shall abide by the other conditions stipulated in Section 482(2) BNSS and co-operate with the Investigating Officer in investigating the case.ratio¶6
Condition (iii): the petitioner shall appear before the concerned Investigating Officer every Monday between 09:00 a.m. and 05:00 p.m. till the filing of the charge sheet and thereafter, as and when required.

Detailed headnote1 paragraphs

Criminal Petition No.1776 of 2025, decided 21.02.2025 (K. Sujana, J): pre-arrest bail granted under Section 482 BNSS to the accused in Crime No.2375 of 2023, Cyber Crime Police Station, Cyberabad Commissionerate, arising from a complaint dated 09.11.2023 alleging an unauthorized deduction of Rs.1,499/- from an HDFC Bank credit card on Amazon Prime, followed by loss of Rs.2,98,703/- from linked bank accounts after download of the "Alpernix" app. Although the Additional Public Prosecutor objected on the ground of serious allegations and multiple registered crimes, the Court observed that the petitioner had been in jail since 09.05.2024 in another case, the PT warrant was filed but never executed, and no steps had been taken to investigate since registration on 09.11.2023. Bail was accordingly granted on surrender within two weeks before the SHO, execution of a Rs.25,000/- personal bond with two like-sum sureties, compliance with Section 482(2) BNSS conditions, co-operation with the Investigating Officer, and appearance every Monday (09:00 a.m.-05:00 p.m.) until charge sheet filing. Petition allowed; pending miscellaneous applications stand closed.

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION No.1776 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused in Crime No.2375 of 2023 of Cyber Crime Police Station, Cyberabad Commissionerate.

The brief facts of the case are that on 09.11.2023, Bodempudi Raghavendra Prasad filed a complaint stating that on 04.11.2023, he noticed an unauthorized deduction of Rs.1,499/- from his HDFC Bank credit card on Amazon Prime. When he tried to contact Amazon Prime's call center, he received a call back from a person claiming to be from Amazon, who asked for his credit card details and advised him to download the "Alpernix" app. After downloading the app and a PDF file, Prasad's phone was formatted, and he lost data. Further, Rs.2,98,703/- was deducted from his linked bank accounts.

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SKS, J Crl.P.No.1776 of 2025

Heard Sri P. Ravi, learned counsel appearing on behalf of the petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

Learned counsel for the petitioner submitted that the petitioner has been in jail for the past year due to another case. Although the Investigating Officer applied for a PT warrant, it was not executed. The petitioner was granted bail in the other case, but upon presenting sureties, he discovered this pending case, which he was unaware of. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that the allegations leveled against the petitioner are serious in nature and further, there are multiple crimes were registered against this petitioner. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the Criminal Petition.

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SKS, J Crl.P.No.1776 of 2025

After considering the submissions made by both learned counsel and reviewing the material available on record, it is noted that although the crimes were registered on 09.11.2023, the petitioner has been in jail since 09.05.2024, and no steps were taken to investigate the matter. Additionally, a PT warrant was filed but not executed. Considering the facts and circumstances of the case, as well as the incarceration of the petitioner, this Court deems it appropriate to grant bail to the petitioner subject to the following conditions:

i. The petitioner shall surrender before the Station House Officer, Cyber Crime Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii. The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

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SKS, J Crl.P.No.1776 of 2025

iii. The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J

Date: 21.02.2025 SAI

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SKS, J Crl.P.No.1776 of 2025

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION No.1776 of 2025

Date: 21.02.2025 SAI