Dismissed
Ivan Kambonge v. State of Karnataka
Karnataka HCCRL.P/984/2021
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.984 OF 2021
BETWEEN:
S/O. SERDICK DAMBA, AGED ABOUT 22 YEARS, RESIDING AT 204, KAMPALA, UGANDA, PRESENTLY AT CHITTAPUR, RAJPUR, NEW DELHI – 110 054. NOW RESIDING AT III FLOOR, H.B. NAGESH’S HOUSE, DODDA MARAPPA ROAD, DODDA MARANNA EXTENSION, KALYANAGAR POST, HENNUR, BANGALORE NORTH TALUK – 560 043.
... PETITIONERS (BY SRI HASHMATH PASHA, SENIOR COUNSEL, FOR SRI KALEEM SABIR, ADV.)
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AND:
STATE OF KARNATAKA BY CEN POLICE STATION, TUMKUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
... RESPONDENT
(BY SMT. RASHMI JADHAV, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.200 OF 2020 REGISTERED BY TUMKUR CEN CRIME POLICE STATION, TUMKUR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66C AND 66D OF THE IT ACT AND UNDER SECTIONS 419 AND 420 OF THE IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed by accused Nos.1 and 2 under Section 439 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’) for granting regular bail in Crime No.200 of 2020 registered by Tumkur CEN Crime Police Station for the offences punishable under Sections 66C and 66D of the Information Technology Act, 2000 (for short, ‘IT Act’), and under Sections 419 and 420 of the
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Indian Penal Code, 1860 (for short, ‘the IPC’). Later, charge-sheet has been filed for the offences punishable under Sections 465, 468 and 471 of the IPC and under Sections 14, 14A and 14B of the Foreigners Act, 1946 (for short, ‘the Foreigners Act’).
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statements of the petitioner, the Police have also seized 12 skimming devices, 46 fake ATM cards and passports under panchanama. After production of the petitioners before the Court, they were remanded to judicial custody. The petitioners approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.
the petitioners and the learned High Court Government Pleader for the respondent-State.
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IT Act overrides the IPC. Sections 66C and 66D of the IT Act are similar with the provisions of Sections 419 and 420 of the IPC and are punishable with three years. As per Section 77B of the IT Act, it is bailable offence. Petitioners are doing clothes business by purchasing it from Chennai. They are residing with their family in Bengaluru. Passports are already seized by the Police. Charge-sheet has been filed. Presence of the petitioners is not required for investigation. The petitioners have been falsely implicated in many cases and nothing has been recovered. They are ready to abide by any of the conditions that may be imposed by the Court. Hence, he prayed for allowing the petition.
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under Section 14 of the Foreigners Act is also attracted and creating false documents attract Sections 465, 468 and 471of the IPC. Therefore, offences under the IPC are non-bailable in nature. The petitioners are involved in nearly thirty similar cases. 12 skimming devices and 46 fake ATM cards were seized by the Police. C.C.T.V. footages are also taken up, which confirms the presence of the petitioners in the ATM counters. If the petitioners are granted bail, they are likely to abscond from the case and commit similar offences. Investigation is under progress in connecting cases. Hence, she prayed for rejecting the petition.
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bailable in nature. Learned Senior Counsel further contended that, in view of Section 66D of the IT Act, Section 419 of the IPC would not attract in respect of the personation in view of overriding effect given by the Registration for the offences under Section 81 of the IT Act. However, from the arguments of the learned High Court Government Pleader, it is seen that the petitioners have also fabricated the passports, which are fake passports and staying in Bengaluru, which also attracts Sections 14A and 14B of the Foreigners Act. The Police have seized 12 skimming devices and 46 fake ATM cards. On voluntary statements of the petitioners, it reveals that they are habitually committing the theft of cash by withdrawing the same by other’s Bank account by using skimming devices and fake ATM cards. The petitioners are almost wanted in nearly thirty cases. Except this case, other cases are still pending investigation. Expert’s opinion regarding footage of the petitioners in the ATM counters is yet to be received. Therefore, looking to the
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facts and circumstances of the case, there is material to show that the petitioners have created fake passports and fake ATM cards, and drawn huge money from the public using skimming devices. If the petitioners are granted bail, there is every chance of they creating fake passports and fleeing away from India is not ruled out. Therefore, I am not inclined to grant bail to the petitioners. Accordingly, the petition is dismissed .
Sd/JUDGE
kvk
6 provisions across 4 enactments
IVAN KAMBONGE AND LAWRENCE MAKAMU
STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
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