As per case facts, the de facto complainant was allegedly induced to join a money-circulation business, IGNITE, through Zoom presentations and WhatsApp communications, being promised high financial returns and commissions. ...
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 13602 OF 2026
(CNR No. HBHC010572872026)
DATE: 09.09.2026
Between :
Mr. Lavleen Goel
… Petitioner/Accused No. 9
AND
The State of Telangana, Through P.S. EOW, Team-I, CCS,
Detective Department, Hyderabad, Represented by the learned
Public Prosecutor, High Court for the State of Telangana,
Hyderabad.
… Respondent.
ORDER
This Criminal Petition is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of
anticipatory bail.
2. The petitioner is arrayed as Accused No 9 in Crime No. 294 of 2026 of
Kachiguda Police Station, which was subsequently transferred and
reregistered as Crime No. 121 of 2026 of P.S. EOW, Team-I, CCS,
Detective Department, Hyderabad, for the offences punishable under
Sections 318(4), 316(2) read with Section 61(2) of the Bharatiya Nyaya
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Sanhita, 2023 (for short, “BNS”), Sections 3 and 5 of the Telangana State
Protection of Depositors of Financial Establishments Act, 1999 (TSPDFE
Act), Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation
Schemes (Banning) Act, 1978 (PC & MCSB Act), Section 66(D) of the
Information Technology Act, 2000.
3. Heard Mr. Rajender Khanna, learned counsel for the petitioner and
Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, representing
the respondent-State.
4.1. The prosecution case, in brief, is that the de facto complainant was
allegedly induced, through Zoom presentations and WhatsApp
communications, to join a money-circulation/luxury-product business
operated under the name and style of M/s. Indi Konnect Ventures Private
Limited (IGNITE). It is alleged that the business model involved the purchase
of products and enrolment of members in a binary/pyramid structure, with
promises of high financial returns and commissions. The company was
allegedly projected as being connected with an international entity, so as to
create an impression of corporate legitimacy and credibility. It is further
alleged that, pursuant to such representations, the de facto complainant was
induced to purchase an 18 K gold pendant and was instructed to make the
requisite payment by way of Demand Drafts. Accordingly, she obtained
Demand Drafts for a sum of Rs.59,175/- and Rs.2,623/-, totalling Rs.61,798/.
The complainant was allegedly instructed to send the Demand Drafts by
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courier to a paying guest (PG) accommodation in Bengaluru, rather than to
the stated office address of the company. On the basis of the complaint
lodged in this regard, the crime was registered.
4.2. During the course of investigation, the prosecution alleges that
Accused Nos.3 to 8, in conspiracy with one another, collected amounts from
several victims by promising them high returns through the business
operated under the name and style of IGNITE and M/s. Indi Konnect
Ventures Private Limited. The investigating agency collected the
complainant’s bank-account details, Demand Drafts, WhatsApp
communications and other relevant documents. It is further stated that 12
bank accounts allegedly connected with the accused were identified and
frozen for the purpose of tracing the flow and alleged diversion of funds.
4.3. The statements of Accused Nos.7 and 8 are relied upon by the
prosecution to allege that they incorporated M/s. Indi Konnect Private
Limited/IGNITE at the instance of the petitioner/Accused No.9 and Accused
No.4, and that the said company was projected as a sub-franchise of
IGNITE. It is further alleged that the petitioner/Accused No.9 and Accused
No.4 exercised control over and transferred funds collected from investors,
while Accused Nos.7 and 8 allegedly received remuneration for activities
relating to the incorporation of the company.
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5.1. Learned counsel for the petitioner submits that no specific overt act
relating to inducement, cheating, collection or receipt of money has been
attributed to the petitioner. According to the learned counsel, the alleged role
of the petitioner is confined to arranging persons to act as directors and
facilitating the incorporation of M/s. Indi Konnect Ventures Private Limited. It
is submitted that the petitioner was not named in the FIR and was
subsequently implicated primarily on the basis of the statements of
co-accused.
5.2. Learned counsel further submits that there is no allegation of any
direct communication, inducement or representation made by the petitioner
to the de facto complainant. It is also contended that there is no independent
money trail connecting the petitioner either with the alleged transaction
involving Rs.61,798/- or with the de facto complainant. It is further argued
that the status and encashment of the Demand Drafts have not been
established through the relevant bank records.
5.3. It is submitted that the petitioner’s premises were searched on
09.07.2026 and that the only materials allegedly recovered therefrom were
an attendance register and documents relating to the incorporation of the
company with the Registrar of Companies (ROC), with no incriminating
material or money having been recovered. Thereafter, notice under Section
35(3) of the BNSS was issued on 30.07.2026, directing the petitioner to
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appear on or before 06.08.2026. According to the learned counsel, the
issuance of such notice indicates that, at that stage, the investigating agency
did not consider the arrest of the petitioner necessary. It is, therefore,
contended that, in the absence of any subsequent circumstance or fresh
material demonstrating a changed position, there is no justification for
subjecting the petitioner to custodial interrogation.
5.4. Learned counsel for the petitioner further contends that mere
involvement in the incorporation of a company, without independent material
demonstrating knowledge of or participation in the alleged illegal scheme,
cannot by itself fasten criminal liability upon the petitioner. Reliance is placed
on the decisions in P. Subbaraju v. State of Telangana, 2025 SCC OnLine
TS 1477; Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1
SCC 694; and Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565,
in support of the proposition that the individual role attributed to the petitioner
and the actual necessity for custodial interrogation are relevant
considerations while examining a prayer for anticipatory bail.
5.5. It is further submitted that the evidence in the present case is
predominantly documentary in nature, comprising banking records,
corporate records and electronic communications, all of which can be
collected and examined without arresting the petitioner. The petitioner
undertakes to cooperate with the investigation and to abide by any
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conditions that may be imposed by this Court. On these grounds, learned
counsel for the petitioner prays that anticipatory bail be granted to the
petitioner.
6.1. Learned Additional Public Prosecutor, opposing the petition, submits
that the crime was registered pursuant to allegations of an organised
fraud/money-circulation scheme operated under the name and style of
IGNITE and allegedly linked with QNET/Vihaan. It is contended that the
petitioner/Accused No.9 played a key role in planning and establishing the
alleged scheme and in facilitating the incorporation of M/s. Indi Konnect
Ventures Private Limited/Accused No.2.
6.2. In particular, it is alleged, on the basis of the additional confession
statement of Accused No.4, that Accused No.9 arranged Accused Nos.7 and
8 to act as Directors of Accused No.2-company and contemplated its
registration with the ROC. It is further alleged that Accused Nos.7 and 8,
being employees of the petitioner, became directors at his instance. The
prosecution also alleges that the petitioner/Accused No.9, along with
Accused No.4, controlled and transferred the funds received through
Accused No.2-company.
6.3. Learned Additional Public Prosecutor further submits that the
statements of Accused Nos.4, 7 and 8, read with the documents recovered
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during the search of the petitioner’s premises, prima facie support the
allegation of the petitioner’s involvement in the larger conspiracy. It is further
contended by the prosecution that, although notice under Section 35(3) of
the BNSS was issued to the petitioner at an earlier stage, the subsequent
course of investigation disclosed the necessity of custodial interrogation. It is
further contended that the incorporation of Accused No.2-company and the
appointment of Accused Nos.7 and 8 as its directors formed part of the
larger conspiracy alleged by the prosecution. The prosecution submits that
the question whether the petitioner personally received any portion of the
complainant’s money, and whether such receipt establishes his participation
in the alleged scheme, also requires further investigation. The prosecution
further apprehends that, having regard to the petitioner’s alleged connection
with Accused No.4, who is stated to be absconding, the petitioner may
influence witnesses or otherwise interfere with the investigation. It is,
therefore, submitted that the seriousness and organised nature of the
alleged offences, coupled with the material collected during investigation,
warrant a cautious approach at this stage.
6.4. Learned Additional Public Prosecutor further submits that the earlier
issuance of notice under Section 35(3) of the BNSS does not, by itself,
preclude a subsequent arrest, if the investigation thereafter discloses
circumstances demonstrating the necessity of such arrest. It is contended
that the authorities relied upon by the petitioner are distinguishable on the
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facts and circumstances of the present case. Accordingly, the learned
Additional Public Prosecutor prays for dismissal of the petition.
7. I have carefully considered the rival submissions and perused the
material available on record.
8. The specific role attributed to the petitioner/Accused No.9 is that he
arranged Accused Nos.7 and 8 to act as Directors and facilitated the
incorporation of M/s. Indi Konnect Private Limited. Though the prosecution
relies upon the statements of Accused Nos.4, 7 and 8, as well as the
documents recovered during the search of the petitioner’s premises, it is not
in dispute that the petitioner was not named in the original complaint/FIR.
Further, the prosecution material presently placed before the Court does not
refer to any specific overt act on the part of the petitioner involving direct
communication with, or representation to, the de facto complainant, nor does
it demonstrate, at this stage, that any amount pertaining to the alleged
transaction was encashed by, or credited to, any bank account under the
petitioner’s control.
9. The statements of the co-accused, therefore, have to be assessed in
the context of the other material collected during investigation and with
reference to the extent of independent corroboration available. These
circumstances are relevant for assessing the petitioner’s individual role,
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without expressing any final opinion on the merits or evidentiary value of the
prosecution material. It is also relevant to note that, according to the
prosecution itself, the petitioner’s premises were searched on 09.07.2026
and no money or other incriminating material was stated to have been
recovered therefrom. Thereafter, notice under Section 35(3) of the BNSS
dated 30.07.2026 was issued directing the petitioner to appear before the
investigating agency. In this context, the principle reiterated by the Hon’ble
Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation
and Another, 2026 INSC 115, that arrest cannot be treated as a routine or
mechanical measure and that the necessity for arrest must be demonstrable,
assumes relevance.
10. Mere apprehension that custodial interrogation may facilitate tracing
the money trail or enable examination of digital and financial material,
without specific material indicating that such purposes cannot effectively be
achieved through other investigative measures, may not, by itself, justify the
petitioner’s arrest. At the same time, this Court cannot lose sight of the
seriousness and gravity of the allegations concerning an organised money-
circulation scheme and the alleged conspiracy involving Accused No.4 and
the other accused. The nature of the allegations, therefore, has to be
balanced against the petitioner’s specific and individual role and the
necessity, if any, for his custodial interrogation.
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11. The principles governing consideration of a prayer for anticipatory bail
require the Court to examine, inter alia, the nature and gravity of the
accusation, the specific role attributed to the accused, the possibility of his
absconding or tampering with the evidence, and the necessity of custodial
interrogation, as recognised in Siddharam Satlingappa Mhetre v. State of
Maharashtra, supra, and Sushila Aggarwal v. State (NCT of Delhi), (2020) 5
SCC 1.
12. On an assessment of the material presently available, the
investigation appears, at this stage, to substantially depend upon
documentary, corporate, banking and electronic evidence. The prosecution
has not placed before this Court any specific material demonstrating that
custodial interrogation of the petitioner is indispensable for securing any
particular recovery or discovery, which cannot otherwise be achieved
through the ordinary course of investigation. The requirement of further
investigation, by itself, cannot be equated with a demonstrated necessity for
custodial interrogation, particularly, where the relevant documentary,
banking, corporate and electronic records are otherwise capable of being
secured and examined by the investigating agency.
13. Accordingly, without expressing any opinion on the merits of the case
or on the ultimate evidentiary value of the material collected by the
prosecution, this Court has considered the petitioner’s alleged individual
role, the absence, at this stage, of a demonstrated direct money trail
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connecting him with the alleged transaction, the search of his premises on
09.07.2026, the subsequent issuance of notice under Section 35(3) of the
BNSS dated 30.07.2026, and the petitioner’s undertaking to cooperate with
the investigation and particularly in the absence of specific material
demonstrating that the petitioner’s custodial interrogation is indispensable for
any recovery, discovery or other investigative purpose, which cannot
otherwise be secured, the petitioner has made out a case for grant of
anticipatory bail.
14. Resultantly, the Criminal Petition is allowed. The petitioner/Accused
No. 9 is enlarged on anticipatory bail, subject to the following conditions:
(A) The petitioner/Accused No. 9 shall surrender before the
Station House Officer/Investigating Officer, P.S EOW, Team-I, CCS,
DD, Hyderabad, on or before 24.09.2026. Upon such surrender or in
the event of arrest, the Station House Officer/Investigating Officer shall
release the petitioner/Accused No. 9 on bail on execution of personal
bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two
sureties for a like sum each, to the satisfaction of the said Officer.
(B) The petitioner/Accused No. 9 shall appear before the
Investigating Officer on every Tuesday and Saturday between
10:00 AM to 03:00 PM, for a period of twelve (12) weeks from the date
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of his release on bail or until filing of the final result, whichever is
earlier.
(C) The petitioner/Accused No. 9 shall remain available for
interrogation as and when required by the Investigating Officer during
the course of investigation and shall extend full cooperation with the
Investigating Officer.
(D) The petitioner/Accused No. 9 shall strictly comply with all the
conditions contemplated under Section 482(2) of the BNSS.
(E) The petitioner/Accused No. 9 shall furnish his complete
residential address, mobile number and other contact particulars to the
Investigating Officer and shall promptly intimate any changes therein.
(F) The petitioner/Accused No. 9 shall not directly or indirectly
induce, threaten, influence, or promise any person acquainted with the
facts of the case, nor shall he tamper with prosecution evidence in any
manner whatsoever.
(G) Any wilful breach or violation of any of the aforesaid
conditions shall render the petitioner liable to appropriate proceedings
before the Court below, including cancellation of bail, in accordance
with the provisions of the BNSS and other applicable law.
(H) The Investigating Officer is at liberty to proceed in
accordance with law in the event of violation of conditions or
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emergence of subsequent material genuinely necessitating custodial
interrogation of the petitioner.
15. It is made clear that any observations made herein are confined solely
to the adjudication of the present application for anticipatory bail and shall
not be construed as an expression on the merits of the case. Pending
miscellaneous applications, if any, shall stand closed.
_______________
N.TUKARAMJI, J
Date: 09.09.2026
svl
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