Andhra Pradesh High Court – Amravati
Shah Dharmendrabhai Vinodbhai vs The State Of Andhra Pradesh on 12 August, 2025
APHC010401422025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
TUESDAY,THE TWELFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 8117/2025
Between:
SHAH DHARMENDRABHAI VINODBHAI, /O VINODBHAI,
C/O.VINODBHAI, AGED 46 YEARS. RESIDING AT B-401, DEVAM
RESIDENCY, NEAR SHAN-03, GAMDI ROAD, AHMEDABAD
DISTRICT, GUJARAT-382440. AADHAAR NO.322966296852
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, BRep. by its Public Prosecutor,
thru Cyber Crime Police Station Visakhapatnam City High Court of
Judicature of Andhra Pradesh At Amaravati.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
KAKUMANU JOJI AMRUTHA RAJU
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.8117 of 2025
Dated 12.08.2025
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking to enlarge the petitioner/Accused No.13 on bail in
Cr.No.53 of 2025 of Cyber Crime Police Station, Visakhapatnam
Commissionerate, registered against the petitioner/Accused No.13 herein
for the offences punishable under Sections 108, 308 (2), 319 (2), 318 (4),
79, 351 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’),
66, 66-C, 66-D, 67-A of the Information Technology Act, 2000.
2. Facts of the case, in brief, are that on 07.12.2024, the de-facto
complainant received a WhatsApp call from mobile number
+639510912260 and the person spoke in English and Hindi language that,
her husband taken Rs.2000/- loan through online app and sent few
obscene morphed photos of her and her husband. On that, the de-facto
complainant paid an amount of Rs.2,000/- through Phone Pe to the said
mobile number. Further, she gone to duty at Simhadri Hospital, later, while
she was present at the Hospital, her brother-in-law contacted her over
phone and informed that, her husband died due to hanging himself with a
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Dr. YLR, J
Crl.P.No.8117 of 2025
Dated 12.08.2025
saree in their room. On that information, the de-facto complainant
immediately rushed to her house at about 20:00 hours and broke open the
doors and shifted her husband to KG Hospital, Visakhapatnam and the
doctors informed that her husband was brought dead. Hence, a case was
registered.
3. Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner
contends that the petitioner is innocent of the alleged offence and has been
falsely implicated by the police. It is further submitted that the petitioner is the
sole earning member of the family and, therefore, his continued incarceration
would cause undue hardship to his dependents. The petitioner undertakes to
strictly adhere to any conditions that may be imposed by this Court. In light of
the foregoing, learned counsel prays that the present petition be allowed in the
interest of justice.
4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor
vehemently opposed the grant of bail to the petitioner, submitting that the
investigation is still underway and several material witnesses remain to be
examined. It is contended that if the petitioner is released on bail at this stage,
there is a strong likelihood that he may abscond, thereby hampering the
ongoing investigation and evading the process of law. In view of the foregoing,
it is urged that the petition be dismissed.
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Dr. YLR, J
Crl.P.No.8117 of 2025
Dated 12.08.2025
5. Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor. Perused the record.
6. As seen from the record, the petitioner was arrested on 22.05.2025
that is about 82 days ago from this day. The allegation against the
petitioner is that he had indulged in online transaction of the money by
luring or cheating the gullible public and extorted money from them by
resorting various methods including morphing of photos with obscene
photos. The Investigating Officer has not filed charge sheet in this case.
The petitioner, as observed supra, has been in the judicial custody for the
past 82 days. This Court in Crl.P.No.5755 of 2025 on 25.06.2025 enlarged
the Accused Nos.14 and 15 on bail and the learned Single Judge of this
Court in Crl.P.No.4355 of 2025 enlarged the Accused No.6 on bail and this
Court in Crl.P.No.5475 of 2025 on 29.05.2025 enlarged the Accused No.12
on bail.
7. Considering the nature of the allegations levelled against the
petitioner, his alleged role played in this case, stage of the investigation
and the period of detention he has been undergoing, this Court deems it fit
to enlarge the petitioner on bail with the following stringent conditions:
i. The petitioner/Accused No.13 shall be enlarged on bail
subject to he executing bond for a sum of Rs.50,000/-
(Rupees fifty thousand only), with two sureties for the like
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Dr. YLR, J
Crl.P.No.8117 of 2025
Dated 12.08.2025sum each to the satisfaction of the learned Chief Judicial
Magistrate, Visakhapatnam.
ii. The petitioner/Accused No.13 shall appear before the
Station House Officer, Cyber Crime Police Station,
Visakhapatnam Commissionerate, on every Saturday in
between 10:00 am and 05:00 pm, till cognizance is taken by
the learned the Trial Court.
iii. The petitioner/Accused No.13 shall not leave the limits of the
District without prior permission from the learned Chief
Judicial Magistrate, Visakhapatnam.
iv. The petitioner/Accused No.13 shall not commit or indulge in
commission of any offence in future.
v. The petitioner/Accused No.13 shall cooperate with the
investigating officer in further investigation of the case and
shall make himself available for interrogation by the
investigating officer as and when required.
vi. The petitioner/Accused No.13 shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted withthe facts of the case so as to dissuade
him/her from disclosing such facts to the court or to any
police officer.
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Crl.P.No.8117 of 2025
Dated 12.08.2025vii. The petitioner/Accused No.13 shall surrender his passport, if
any, to the investigating officer. If he claims that he does not
have a passport, he shall submit an affidavit to that effect to
the Investigating Officer.
8. Accordingly, the Criminal Petition is allowed.
________________________
Dr.Y. LAKSHMANA RAO, J
Dated: 12.08.2025
RSI
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Dr. YLR, J
Crl.P.No.8117 of 2025
Dated 12.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.8117 of 2025
Date: 12.08.2025
RSI