The Court of Sessions for Greater Bombay granted regular bail to Pavatharani Ramki Parthasarthi, one of the accused in a cyber fraud case involving the hacking of a credit card account to purchase gold. H.H. Additional Sessions Judge R.R. Patare (C.R. No. 01), in an order dated March 16, 2024, in Criminal Bail Application No. 612 of 2024, ruled in favor of the applicant, primarily on the grounds of parity with a co-accused who had already been released on bail by the Bombay High Court, and because the investigation was complete and the chargesheet had been filed. Mr. Parthasarthi was arrested in connection with C.R. No. 89/2023 registered with N.M. Joshi Marg Police Station for offenses under Sections 419 (Cheating by Personation) and 420 (Cheating) of the Indian Penal Code (IPC), along with Sections 66(C) and 66(D) of the Information Technology (IT) Act.
The Sophisticated Credit Card Hacking Scheme
The case involves a sophisticated online fraud targeting the informant, Smt. Shradha Ujwal Bhure, with a deceptive credit card offer:
- The Lure: The informant received a WhatsApp advertisement for a City Bank Diners Club credit card from someone claiming to be “Saurabh Sharma,” a relationship manager.
- The Deception: The informant was convinced to purchase the card and even received an Android phone from the supposed bank. She was then directed to activate the phone and fill out information via a link provided by “Saurabh Sharma.”
- The Fraud: The informant’s bank account was hacked, and an amount of ₹3,00,000/- was immediately transferred to the account of Tanishq Chennai for the purchase of gold ornaments.
- Applicant’s Role: The prosecution alleged that the present applicant, Pavatharani Ramki Parthasarthi, had a key role by issuing a SIM card in favor of a co-accused, which was then used to commit the offense. The gold purchased in Chennai was subsequently sold, with the proceeds credited to the accounts of different accused individuals.
Bail Arguments: Parity vs. Apprehension of Tampering
The applicant, through Ld. Advocate Mr. Shirke, sought bail, arguing that he was falsely implicated, had not benefited from the transaction, and was merely accused of issuing a SIM card.
The core argument for release was the rule of parity:
- The co-accused, Nandkumar Chandrashekhar Muppala, was already enlarged on bail by the Hon’ble High Court vide order dated January 31, 2024. The defense provided a copy of this order to the Sessions Court.
The prosecution, represented by Ld. APP Ms. Meera Choudhari, opposed the application, citing the serious nature of the online fraud and the existence of evidence connecting the accused. They expressed the standard apprehension of tampering with evidence if bail was granted.
Judicial Decision: Exercising Discretion for Liberty
The Court noted the gravity of the online fraud but placed decisive weight on the procedural status of the case and the precedent set by the High Court:
- Status of Investigation: The Court acknowledged that the investigation was completed and the chargesheet had been filed. This negated the need for continued custodial interrogation, which the applicant had already undergone since his arrest on April 12, 2023.
- Rule of Parity: The release of co-accused Nandkumar Muppala on bail was a significant factor. The question of the applicant’s exact involvement—whether he was a knowing conspirator in the online fraud or merely an innocent agent acting on behalf of co-accused—was deemed a “matter of adjudication at the trial.”
Considering the nature of the allegations, the punishment prescribed for the offenses, and the release of the co-accused, the Sessions Judge found it “just and necessary to exercise discretion in favour of applicant.”
Conditions for Release
The Criminal Bail Application No. 612 of 2024 was allowed. Pavatharani Ramki Parthasarthi was ordered to be released on bail upon furnishing a P.R. Bond of ₹30,000/- with one or more sureties in the like amount, subject to the following stringent conditions:
- Non-Tampering: The applicant shall not contact prosecution witnesses in any manner and shall not tamper with the prosecution evidence.
- Police Reporting: The applicant must attend the N.M. Joshi Marg Police Station on the 1st Monday of every month between 11:00 a.m. and 2:00 p.m. till the conclusion of the trial.
- Information Sharing: The accused must furnish his contact number and residential address to the Investigating Officer and inform the officer of any change.
This ruling underscores the judiciary’s adherence to the principle of parity and the understanding that once the investigation is complete, detention should not be continued unless there is a substantial threat that cannot be managed through bail conditions.