Final Order 5

Order Details: COPY OF ORDER
Pdf Text: Bail Matters 583/2025
Karanam Lakshmi Narayana Santosh Kumar Vs. State
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act
14.05.2025
(At 4:00 PM)
1. This order is being passed on an application filed on behalf
of applicant/ accused Karanam Lakshmi Narayana Santosh
Kumar, for seeking anticipatory bail, in case FIR No.15/2025,
registered in Police Station-Cyber New Delhi, filed under section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(hereinafter, referred to as ‘BNSS’).
2. The present FIR has been registered at Cyber Police
Station, South-West District, New Delhi, based on the complaint
of Mr. Bali Ram Aggarwal, aged 70 years. The complainant in
his complaint reported a case of cyber crime involving his digital
arrest.
3. As per the complainant, on 02.03.2025, he received a
whatsapp video call from one Deepak Sharma, who claimed to be
from Narcotics Control Bureau (NCB), informing that a case
under the PMLA, 2002, had been registered in his name. The
caller allegedly manipulated the complainant by introducing
another individual posing as a Sub-Inspector from Mumbai, who
accused the complainant of financial crimes and asked for
cooperation in an alleged investigation.
4. The complainant was further alleged to have been coerced
into a series of video calls over the next two days by individuals
impersonating CBI officials, a Supreme Court Judge and other
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act Page 1 of 6
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authorities including a man named Vikas Gupta, posing as CBI
chief. Under the pretext of Supreme Court orders and threats of
legal action, the complainant was compelled to remain under
virtual house arrest and directed to transfer large sums of money
from his bank accounts and fixed deposits, including from
Canara Bank and DBS Bank into several accounts provided by
the aforementioned persons.
5. It is also alleged by the complainant that these persons also
manipulated his wife into disclosing financial information.
Throughout the scam, the complainant was instructed to remain
indoors under the threat of national security protocol and not to
inform anyone, including his family. As per the complaint,
complainant suffered financial losses exceeding Rs.48 lakhs and
the cyber criminals used various spoofed identities and forged
documents to gain his trust. On the basis of the complaint, an FIR
under Sections 318(4), 319(2), 61(2), 3(5) of BNS & 66(C)/ 66
(D) of the IT Act was registered.
6. Arguments on the pending anticipatory bail application are
heard.
7. It was submitted by the Ld. Counsel for applicant/accused
that applicant has no role to play in the alleged commission of
offence. It was further argued that the applicant is a law abiding
citizen and is willing to cooperate with the investigation of the
present FIR.
7. It was further argued that the applicant is working on a
starter project for which he talked with several persons in respect
to funding his project. For the purpose of his project, the
applicant also made presentation for investment to various
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act Page 2 of 6
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companies. The Ld. Counsel submitted that in connection of
obtaining funding for his start-ups, applicant met one Raj Kumar
who assured him that there is an interested party for investment
in Mumbai. Accordingly, accused was introduced to one person
namely Danny who assured the applicant to invest Rs.5 crores in
his starter. It was also submitted that at the instance of Danny,
few other persons contacted the applicant for the investments.
8. It was submitted by the Ld. Counsel for the applicant that
the persons who contacted the applicant took him into confidence
and also took control of the e-mail accounts as well as bank
accounts of the applicant and later misused the same. Hence, it is
prayed that as the applicant is innocent and victim of
circumstances, the benefit of anticipatory bail should be given to
him.
9. It was further contended by the Ld. Counsel for the
applicant that the applicant is the sole bread earner of his family,
having young children; and if he is detained in custody it will
cause undue harships to his family.
10. The Ld. Counsel for the applicant also argued that in fact
applicant is a victim and has already registered a complaint with
Hyderabad Cyber Crime Police.
11. The Ld. Addl. PP for State assisted by the Investigating
Officer and the Ld. Counsel for the complainant, has vehemently
opposed the present anticipatory bail application, submitting that
the allegations pertain to a well planned and larger scale cyber
crime, targeting an elderly victim using impersonation, digital
manipulation and extortion. It was further submitted that the
applicant is one of the key beneficiaries of the defrauded money.
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act Page 3 of 6
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The custodial interrogation is said to be required to trace the
money trail, to identify co-accused and recover the digital
devices and other evidence.
12. This court has heard the arguments from both the sides and
is of the opinion that the custodial interrogation of the applicant
is imperative for a fair and effective investigation. The material
on record reveals a calculated and deceitful operation involving
impersonation of high ranking officials and use of sophisticated
cyber tools. The alleged offence not only involves cyber fraud
but also undermines the authority of judicial and law
enforcement institutions through forged documents and
impersonation. Additionally, it is also clear from the record that
the cheated amount came in the account of the applicant, thereby
showing his active involvement in the commission of the
complained offence.
13. At this stage, the possibility of applicant tampering with
the evidence of influencing the witnesses cannot be ruled out.
This court takes note of the fact that the victim is a senior citizen
and the offence appears to have caused significant mental and
financial trauma to him and his family.
14. Further, this being an economic offence must be dealt
sternly in the matter of bail. In this behalf it would be apt to refer
to the decision of the Hon’ble Supreme Court of India in the case
of Y.S. Jagan Mohan Reddy Vs. CBI, Crl. Appeal No. 730/2013,
decided on 09.05.2013 in which it was held as follows:
“Economic offences constitute a class apart and need to be
visited with a different approach in the matter of bail”
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act Page 4 of 6
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15. Further, in the case of State of Gujarat Vs. Mohanlal
Jitamaliji Porwal, reported in AIR 1987 SC 1321, it is held as
follows:
“A murder may be committed in the heat of moment upon
passions being aroused. An economic offence is committed
with cool calculation and deliberate design with an eye on
personal profit regardless of the consequence to the
Community. A disregard for the interest of the Community
can be manifested only at the cost of forfeiting the trust and
faith of the Community in the system to administer justice
in an even handed manner without fear of criticism from
the quarters which view white collar crimes with a
permissive eye unmindful of the damage done to the
National Economy and National Interest.”
16. Recently, in the case of Serious Fraud Investigation Office
Vs. Aditya Sarda, SLP Crl. No. 13956 of 2023, held as under:
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“…. The grant of anticipatory bail at the stage of
investigation may frustrate the investigating agency in
interrogating the accused and in collecting the useful
information and the material which might have been
concealed. The grant of anticipatory bail, particularly in
economic offence would definitely hamper the effective
investigation.”
17. In light of the above discussions and directions issued by
the Hon’ble Apex Court, this court observes that for the case to
be taken to its logical end, it requires detailed investigation,
which, in turn, is dependent on sustained interrogation of the
applicant/accused. The money trail may have to be followed, the
entire conspiracy will have to be unearth.
18. Accordingly, the anticipatory bail application of the
applicant/accused Karanam Lakshmi Narayan Santhosh Kumar
stands dismissed. Applicant is directed to join the investigation.
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act Page 5 of 6
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19. A copy of this order be given dasti to the Ld. Counsel for
the applicant. A copy of this order be sent to the Investigating
Officer for his/ her information.
(Aparna Swami)
Bail Roster Judge/ASJ-07
NDD/PHC/New Delhi
14.05.2025
FIR No. 15/2025
PS Cyber New Delhi
U/Sec. 318(4), 319(2), 61(2), 3(5) of BNS &
66(C)/ 66 (D) of IT Act Page 6 of 6
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