MHCC020040292024
IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.612 OF 2024
Pavatharani Ramki Parthasarthi
Age: years, Occ.: Nil
C/o Parthasarthi, 34 Pattammal Street,
Gangal Nagar, Kallikuppam, Ambattur,
Tiruvallur, Tamil Naidu 60053
….Applicant/accused no.3
Versus
The State of Maharashtra
Through N.M.Joshi Marg, Police Station
( In. C.R. No. 89/2023)
… Respondent.

Ld. Advocate Mr. Shirke for applicant/accused.
Ld. APP Ms.Meera Choudhari for State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.R.R.PATARE (C.R.NO.01)
DATED : 16th DAY OF MARCH, 2024.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
This is application filed under Section 439 of Code of Criminal
Procedure (Here-in-after referred as “Cr.P.C.” in short) seeking bail in
connection with crime No.89/2023 registered with N.M.Joshi Marg
police station, Mumbai for the offences punishable under Sections 419
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and 420 of the Indian Penal Code, (Here-in-after referred as “IPC” in
short) read with offences punishable under Section 66 (C) and 66 (D)
of Information Technology Act.

Crime No.89/2023 came to be
registered on the report made by Smt. Shradha Ujwal Bhure, wherein it
is stated that on 3.1.2023 he received advertisement of City Bank Diners
Club on her Whatsapp account from mobile No.8808569497 regarding
credit card. One Saurabh Sharma, relationship Manager of City Bank
Diners Club international gave information regarding City Bank Diners
and benefits of having card of said bank. The informant was convinced
and she decided to purchase card of City Bank Diners. The informant
also received Android phone from the said bank. She activated said
Andorid phone as per the directions of Saurabh Sharma. The informant
also open link provided by Saurabh Sharma and filled up the
information as per direction. It is alleged that the bank account of
informant came to be hacked and amount of Rs.3 lac was transferred in
the account of Tanishq Chennai for purchase of gold ornaments. It is
the allegation of prosecution that the gold purchase from Tanishq
Chennai was sold and amount was credited in the name of different
accused. The informant realized fraud and reported incident to police
station N.M.Joshi Marg. It is alleged that present applicant/accused has
issued sim card in favour of co-accused and same came to be used for
commission of offense.

2.

The applicant/accused is seeking bail on the ground of false
implication. It is stated that accused is innocent and has not committed
any offence. Custodial interrogation of accused is not necessary. The
accused is ready to abide conditions of bail. It is further stated that
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accused is not benefited by the alleged transaction.

There is no
evidence
of
to
connect
accused
in
the
commission
Investigation is completed and chargesheet is filed.

offence.

The learned
advocate for Applicant/ accused would submit that the co-accused
Nandkumar Chandrashekhar Muppala is enlarged on bail vide order in
Bail application no. 2339 of 2023 passed on
31/01/2024 by the
Hon’ble High Court. He also tendered copy of bail order on record. He
would submit that the present applicant accused is entitled to enlarge
on bail on rule of parity.
3.

The Learned APP has filed say and opposed the bail application.

It is alleged that the applicant/accused has committed serious offence.
There is evidence to connect accused in the commission of offence. APP
apprehends tampering of evidence and lastly requested to reject the
application.
4.

Perused application, say and heard advocates for the parties. It is
the allegation of prosecution that accused along with co-accused hacked
the bank account of informant and purchased gold ornaments from
Tanishq Chennai and committed online fraud of Rs.3,00,000/-.
Allegations regarding online fraud are made against applicant/accused.
It has come on record that the investigation is completed and
chargesheet is filed. The accused is in custody since 12/04/2023. The
custodial interrogation of accused is not necessary. It has come on
record that co-accused Nandkumar Muppala is enlarged on bail. The
question as to whether the applicant /accused was involved in alleged
online fraud with co-accused or innocently acted at the behest of coaccused as claimed by him, would be a matter of adjudication at the
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trial. Considering the allegations and the nature of punishment for the
alleged offence, it is just and necessary to exercise discretion in favour
of applicant / accused. Hence following order:
ORDER
Criminal Bail Application No.612 of 2024 is hereby allowed
in the following terms:
1.

The applicant/accused Pavatharani Ramki Parthasarthi
be
released on bail in C.R. No.89 of 2023 registered with N.M.Joshi Marg
police station, on furnishing a PR bond of Rs.30,000/- with one or more
sureties in the like amount to the satisfaction of the concerned Court.
2.

The applicant/accused shall not contact prosecution witnesses in
any manner and shall not tamper with the prosecution evidence.
3.

The applicant/accused shall attend the N.M. Joshi Marg Police
station on the 1st Monday of every month in between 11.00a.m. to
2.00p.m. till the conclusion of the trial.
4.

The applicant/ accused shall furnish his contact number and
residential address to the investigating officer and shall keep
investigating officer updated, in case there is any change.
5.

Bail before learned concerned Metropolitan Magistrate
Date : 16.03.2024.
Dictated on
Typed on
Signed on
: 16.03.2024.
: 16.03.2024.
: 16.03.2024
(R.R.PATARE)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
( C.R.No.1)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE 18.03.2024
NAME OF STENOGRAPHER(G-I)
Mrs. V. V. Mhatre
TIME:
Name of the Judge (With Court room no.)

HHJ Shri R. R. Patare
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER
16.03.2024
JUDGMENT/ORDER signed by P.O. on
18.03.2024
JUDGEMENT/ORDER uploaded on
18.03.2024