Final Order 5

Order Details: COPY OF ORDER
Pdf Text: Bail application No. 1166/22
FIR No. 64/22
PS Chanakyapuri
Under section 420/486/471/120B IPC
State v. Venkata Kishore Vadlamudi
16.08.2022
Present: Sh. Dharam Chand, Ld. Addl. PP for the State.
W/SI Beena from PS Chanakyapuri.
Sh. Sanjeev Malik, ld. Counsel for the applicant.
This is a bail application u/s 438 Cr.P.C moved on behalf of
applicant Venkata Kishore Vadlamudi.
Brief facts of the case as per FIR are that, on 08.04.2022, an
individual namely, Sandhya Rani Maramreddy applied for a non immigrant
student visa at the US Embassy in New Delhi. She stated that she was born
on 08.09.1997 in Narasaraopet, Andhra Pradesh, India and presented Indian
passport bearing no. V4300099 as proof of her identity. In her visa
application she claimed to be working as a Software Developer with VMK
IT Services Pvt. Ltd.,located at Mind Space, ITC Illumination, Plot # 32-34
and 39-41, Flat 208, Ist Floor, Besides Westin Hotel, Hyderabad and
claimed to earn a monthly income of INR 25,000/-. She also submitted
experience letter and pay stubs from the month of December, 2021 till
January 2022 on the letter head of VMK IT Services Pvt. Ltd. to
substantiate this claim. She also submitted bank balance certificate issued
by Bank of Baroda having balance of INR 47,00,610/- and also submitted
an education loan sanction letter issued by Bank of Baroda, showing that
she had secured a loan amount of INR 38 lakhs. However, during the
stipulated interview with the US Embassy officials on 08.04.2022, Sandhya
(Parveen Singh)
ASJ03/NDD/PHC/ND/16.08.2022
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Rani Maramreddy admitted that she has never worked or had been
employed in any capacity as Software Developer at VMK IT Services Pvt.
Ltd. Therefore, the experience letter and pay stubs are fraudulent. She stated
that the fake employment documents were provided to her by an agent
Sandhya Rani Maramreddy. She also stated that the bank balance certificate
and education loan sanction letter issued by Bank of Baroda are handed
over to her by agent Sandhya Rani Maramreddy and she paid INR 65,000/-
for the above fraudulent documents.
It is submitted in the application that in the present FIR, it has
been alleged that on 08.04.2022 Sandhya Rani Maramreddy applied for non
immigrant visa student visa at the US Embassy in New Delhi. As per the
visa application process, Sandhya Rani Maramreddy submitted a visa
application where she claimed to be working as a Software Developer with
VMK IT Services Pvt. Ltd. Located at Hyderabad. She also claimed that
she earned Rs.25,000/- per month from the said job and she has also
submitted experience letter and pay subs from the month of December 2021
till January, 2022 on the letterhead of VMK IT Services Pvt. Ltd. She also
submitted a bank balance certificate issued by Bank of Baroda, Vijayawada
Branch, Andhera Pradesh stating that she has a saving bank account bearing
Account no. 39700100013685 and has a balance of Rs.47,00,610/- as on
09.03.2022. She has also submitted an education loan sanction letter issued
by Bank of Baroda, Vijayawada Branch, Andhra Pradesh showing that she
has secured a loan amounting to Rs.38,00,000/-. It is further submitted that
during interview with US Embassy officials, she admitted that she has never
worked at VMK IT Services Pvt. Ltd. Therefore, the experience letter and
(Parveen Singh)
ASJ03/NDD/PHC/ND/16.08.2022
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pay stubs are fraudulent. She also stated that the fake employment
documents were provided to her by an agent Venkat Kishore Vadiamudi, VI
Overseas Consultancy, located at Door no. 5-87-89, 15th Floor, Aim Sree
Plaza besides Pantaloons, Lakshmipura, Ashok Nagar, Guntur, Andhera
Pradesh. She also stated that the bank balance certificate and educational
loan sanction letter issued by Bank of Baroda were handed over to her by
agent Venkat Kishore Vadlamudi and she paid Rs.65,000/- for the
fraudulent documents. It is further submitted that Sandhya Rani
Maramreddy conspired with agent Venkat Kishore Vadlamudi and other
unknown persons to obtain forged/fraudulent employment letters and
financial documents in order to cheat the US embassy in India and the US
govt. to obtain a visa based on such forged/fraudulent claims and
misrepresentation. It is further submitted that the applicant had joined the
investigation on two times and fully co-operate with the investigation
agency for the alleged crime. It is further submitted that non of the offences
are made out against the applicant/accused whereby there is no prima facie
case against him. It is further submitted that evidence qua the accused has
already been collected by the police and the applicant/accused is not likely
to either tamper with any evidence or hamper the investigation in any
manner. It is further submitted that there is no apprehension of his
absconding as the applicant is a highly respected member of society.
Reply to the bail application has been filed wherein it is
submitted that the applicant joined the investigation on 03.08.2022 and
provided salary slips of Ms. Sandhya Rani from September 2019 to March,
2022. All these salary slips do not bear counter signature of Ms. Sandhya
(Parveen Singh)
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Rani and thus seems suspicious as Ms. Sandhya Rani had already clarified
during her interview with the officials of USA embassy that she never
worked with M/s VK IT Services Pvt. Ltd. All these facts were further
endorsed by Ms. Sandhya Rani during her interrogation that she never
worked with M/s VK IT Services Pvt. Ltd. It is further submitted that as per
salary slips she joined the applicant company on 12.08.2019 and she was
paid Rs. 15,000/- in the month of 2019. Thereafter, she was claimed to have
paid Rs.20,000/- from April 2020 to April 2021 and thereafter, he pay was
raised to Rs.25000/- from April 2021 to March, 2022. The applicant claims
to have paid these salaries in cash but has also not provided his books of
accounts or any other record of his company wherein the said salaries are
shown credited in the account of Ms. Sandhya Rani on monthly basis which
further falsifies his claims. It is further submitted that applicant provided
appointment letter (with annexure A and B) purported to be issued to Ms.
Sandhya Rani by him. This appointment letter bears signature of the
applicant only whereas in its annexure A (salary structure) the applicant has
proposed to pay Rs.15000/- salary per month to Ms. Sandhya Rani.
Whereas Annexure B (terms and condition of employment)do not bear
signature of alleged employee Ms. Sandhya Rani and the requisite column
are kept blank. All these facts create a suspicion in the making of these
documents. During his interrogation, the applicant replied to all questions in
a evasive manner. The allegations against him are serious. His custodial
interrogation is required to reach to a logical conclusion.
I have heard Ld. Counsel for the applicant/accused and Ld.
Addl. PP for the State.
(Parveen Singh)
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Ld. Counsel for the applicant/accused has contended that the
applicant has joined the investigation three times and all the documents
have been submitted by him to the IO. He has further contended that he has
given employment to Sandhya Rani Maramreddy and she was her
employee. He has further contended that no purpose would be served by
keeping the applicant in custody.
Ld. Addl. PP for State has contended that the allegations are
serious as the documents were manipulated by the applicant. It is further
contended that custodial interrogation of the applicant is required for taking
the investigation to a logical end. On inquiry of the court nothing has been
put forth by State that what purpose will be served by taking the accused in
custody.
I have considered the rival submissions and gone through the
record.
Considering the overall facts and circumstances, the fact that
custodial interrogation of the applicant is not required for the purpose of
investigation, I find that at this stage this is a fit case for grant anticipatory
bail to the accused. The application at hand is accordingly allowed. It is
hereby ordered that in case the accused appears before Ld. MM, he shall be
enlarged on bail on furnishing personal bond in the sum of Rs.25,000/ with
one surety of like amount. The anticipatory bail application is accordingly
disposed of.
(Parveen Singh)
ASJ03/PHC/ND/16.08.2022
(Parveen Singh)
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