Sanesh Kumar vs State Of Haryana And Others
2024 Latest Caselaw 5904 P&H

Punjab-Haryana High Court

Sanesh Kumar vs State Of Haryana And Others on 15 March, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                    Neutral Citation No:=2024:PHHC:037580




                                                           2024:PHHC:037580

CRM-M-901-2024                                                     -1-


(213)
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                                             CRM-M-901-2024
                                                    Date of Decision:15.03.2024
SANESH KUMAR

                                                                         ... Petitioner
                                         Versus
STATE OF HARYANA & OTHERS
                                                                    ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. Mohit Rathee, Advocate
             for the petitioner.

          Mr. Kanwar Sanjiv Kumar, Asstt. A.G., Haryana.
                           ****
JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 438 read with

Section 482 Cr.P.C. is for the concession of transit anticipatory bail for a

period of 15 days to join investigation before the investigation authority i.e.

Cyber Crime Police Station Hyderabad City in case Crime No.2119/2023 of

Cyber Crime Police Station, CCS, Detective Department, Hyderabad City

and to approach the competent court at Hyderabad in the State of Telangana

if so required.

2. The FIR in question came to be registered on the complaint of

Ravishankar son of K Gopal and the same reads as under:-

"IN THE COURT OF HON'BLE XII ADDL CHIEF METROPOLITAN MAGISTRATE AT HYDERABAD. Today i.e. On 11.09.2023 at 11:30 hours received a complaint from K Ravishankar, S/o K Gopal, Age: 41 Years, Occ: Private employee, R/o: o 12-2-500/8, Plot no 8, fair view apt, flat 201, Sai gardens, near Sai baba temple, Gudimalkapur,

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Mehdipatnam, Hyderabad 500028, Phone No: 8790311882 as follows. To, The Asst. Commissioner of Police, Cyber Crime Police Station, Hyderabad. Respected sir, Sub : fraud through telegram online pre-pay tasks I, K Ravishankar, S/o K Gopal, age 41, occupation: private sector employee, R/o 12-2-500/8, plot no 8, fair view apt, flat 201, Sai gardens, near Sai baba temple, Gudimalkapur, Mehdipatnam, Hyderabad 500028, Phone No: 8790311882, would like to submit that on 01-09-2023 I received message at Whatsapp from bearing number 8002823796 who stated there is opportunity to earn without any investment fees where I have to like and share the amazon advertisement by taking screenshot to them and I will earn. They laterasked me to finally open Telegram and give details at HTTP://t.me/KJHDF9898 or search @KJHDF9898 (ACCOUNTANT) to get registered. Further they sent me telegram Id @Anika9111, @caicai369, @amazoncncn, and said to follow them at telegram for further orders to complete the task. I agreed and followed their instructions and completed the task where she sent me small amount into my account. In that manner she sent me tasks and said me to complete tasks and later they said I can earn approximately 30% returns by doing PREPAID tasks and I can withdraw amount. So like that I paid them approximately RS 17,73,688.00 lakh using my account as well as my wife account for 2/3 days. Now, they said I have to pay again 8 lakh which they said is refundable and kept asking me to transfer. Then I realized something is wrong and later I came to know from Internet about the Telegram prepaid fraud and I became victim of this scam. I also had called Cyber Crime at 1930 and lodged a complaint: Complaint Acknowledgement No. 33709230032353 Hence I request the kind officer to take necessary action against them and kindly

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have my approx RS 17,73,688.00 lakh refunded to my account/wife account. Date of Transaction Bank details of Victim Amount lost Fraud beneficiary Transaction ID 02-09- 2023 024301519953 116800 324512207858 02-09-2023 024301519953 168000 CI20806537 02-09-2023 024301519953 269800 C120822093 02-09-2023 024301519953 50000 324610796803 02-09-2023 004001540628 250000 324518307382 02-09-2023 004001540628 419088 324516041613 02-09-2023 910010041141970 50000 324516677593 1773688 Debited Transaction Details of Victim: Transaction Id Victim Account Number Date Amount Debited Bank 324512207858 024301519953 02/09/2023 116800 ICICI Bank C120806537 024301519953 02/09/2023 168000 ICICI Bank C120822093 024301519953 02/09/2023 269800 ICICI Bank 324610796803 024301519953 03/09/2023 500000 ICICI Bank 324518307382 004001540628 02/09/2023 250000 ICICI Bank 324516041613 004001540628 02/09/2023 419088 ICICI Bank 324516677593 910010041141970 02/09/2023 50000 Axis Bank Credited Transaction Details to Fraud Beneficiary: Transactionld Fraud Account Number Date Amount Credited Bank 324512207858 1878102100000505 02/09/2023 116800 Punjab National Bank (including Oriental Bank of Commerce and United Bank of India) C120806537 015505008948 02/09/2023 168000 ICICI Bank C120822093 003063300010894 02/09/2023 269800 Yes Bank 324610796803 4669002100002248 03/09/2023 500000 Punjab National Bank (including Oriental Bank of Commerce and United Bank of India) 324518307382 0222102100000514 02/09/2023 250000 Punjab National Bank (including Oriental Bank of Commerce and United Bank of India) 324516041613 259090430600 02/09/2023

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419088 INDUSIND Bank 324516677593 658205603060 02/09/2023 50000 ICICI Bank Thanking you, //THE ORIGINAL COMPLAINT IS ENCLOSED HEREWITH// Received on 11.09.2023 at 11:30 hour As per the above content I B. Narender Reddy, SIP registered a case in Cr.No.2119/2023, U/Sec 66(C) 66(D) IT Act and U/Sec 419, 420 IPC of Cyber crime police station, Hyderabad city and the case file handed over to Sri Ch Gangadhar Inspector of Police for further investigation. Sd/- (B. Narender Reddy) Sub-Inspector of Police, Cyber Crime PS, CCS, DD, Hyd."

3. The learned counsel for the petitioner contends that he has been

falsely implicated in the present case. Be that as it may, he was ready and

willing to join investigation for which he was seeking transit anticipatory bail

for a period of 15 days enabling him to join investigation and/or approach the

Court of competent jurisdiction at Hyderabad, Telangana. Reliance is placed

on the judgment in Priya Indoria Versus State of Karnataka & others etc.,

2023(4) Law Herald (SC) 3279, decided on 20.11.2023.

4. On the other hand, the learned State counsel while referring to

the reply dated 06.03.2024 contends that as the interrogation of the petitioner

was required by the Cyber Crime Police, Hyderabad to finalise the

investigation, he was not entitled to the concession of transit anticipatory

bail.

5. I have heard the learned counsel for the parties.

6. In Priya Indoria (supra), it was held as under:-

"46. If a rejection of the plea for limited/transitory anticipatory bail is made solely with reference to the concept of territorial jurisdiction it would be adding a restriction to the exercise of powers under Section 438. This, in our view,

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would result in miscarriage and travesty of justice, aggravating the adversity of the accused who is apprehending arrest. It would also be against the principles of access to justice. We say so for the reason that an accused is presumed to be innocent until proven guilty beyond reasonable doubt and in accordance with law. In the circumstances, we hold that the Court of Session or the High Court, as the case may be, can exercise jurisdiction and entertain a plea for limited anticipatory bail even if the FIR has not been filed within its territorial jurisdiction and depending upon the facts and circumstances of the case, if the accused apprehending arrest makes out a case for grant of anticipatory bail but having regard to the fact that the FIR has not been registered within the territorial jurisdiction of the High Court or Court of Session, as the case may, at the least consider the case of the accused for grant of transit anticipatory bail which is an interim protection of limited duration till such accused approaches the competent Sessions Court or the High Court, as the case may be, for seeking full-fledged anticipatory bail.

(emphasis supplied)

7. A perusal of the aforementioned judgment would reveal that the

Court of Sessions or the High Court as the case may be can exercise

jurisdiction and entertain a plea for limited anticipatory bail/transit bail by

way of interim protection for a limited duration even if the FIR has not been

filed within its territorial jurisdiction.

8. In the instant case, admittedly, the FIR has been registered at

Police Station Cyber Crimes, Detective Department, Hyderabad City.

Therefore, I do not deem it appropriate to examine the merits of the

contentions raised by the petitioner but dispose of the present petition with

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the directions that the arrest of the petitioner shall remain stayed for a period

of 15 days from today to enable him to file an appropriate petition for the

grant of anticipatory bail before the appropriate Court at Hyderabad in the

State of Telangana.

9. It is made clear that I have expressed absolutely no opinion on

the merits of the case which shall be examined by the Court of competent

jurisdiction.

                                                         (JASJIT SINGH BEDI)
                                                              JUDGE
15.03.2024
JITESH                 Whether speaking/reasoned:- Yes/No
                       Whether reportable:-      Yes/No

Neutral Citation No:=2024:PHHC:037580

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