Allowed

Sri Vinay C v. the State of Karnataka

Karnataka HC25 Nov 2024CRL.P/11541/2024

Case brief

AI extract

What is this about?

Accused in a cyber fraud FIR under IT Act Sections 66C/66D and BNS Section 318(4), not named in the FIR and without criminal antecedents, sought anticipatory bail after his session-court plea was dismissed. The High Court granted bail with conditions including appearance before the Investigating Officer and execution of a bond.

What did the court decide?

Anticipatory bail granted: petitioner to appear before IO on 02.12.2024; release on Rs.1,00,000 personal bond with one surety if taken into custody, subject to cooperation conditions.

Sri Vinay C Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO.11541 OF 2024 (438(Cr.PC)/482(BNSS))

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BETWEEN:

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SRI VINAY C. S/O.CHANDRASHEKARAGOWDA B.K. AGED ABOUT 39 YEARS R/ AT NO.2/506, 2^ND BLOCK BADRANIVASA BADAVANE SOMWARPET TALUK KUSHALNAGAR KODAGU-571 234

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…PETITIONER

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(BY SRI G.R.SHESHADRI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY NORTH CEN POLICE STATION BENGALURU CITY-560 012

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Digitally signed by B LAVANYA

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Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001

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…RESPONDENT

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(BY SRI RAHUL RAI K., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC. (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT-POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.534/2024 OF NORTH CEN POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C) AND 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2000 AND SECTION 318(4) OF THE BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF XLV ACJM AT BENGALURU.

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NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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The accused in Crime No.534/2024 registered by

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North CEN Police Station, Bengaluru for the offences punishable under Sections 66C and 66D of the Information Technology Act, 2000 and Section 318(4) of the Bharatiya

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Nyaya Sanhita, 2023, is before this Court under Section 438 of Cr.PC. (Section 482 of BNSS) seeking anticipatory bail.

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Heard the learned counsel for the parties.

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The First Information Report in Crime

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No.534/2024 was registered by North CEN Police Station, Bengaluru against the petitioner herein for the aforesaid offences, on the basis of the first information dated 31.07.2024 received from Deeksha D.Rai, D/o.Dayananda Rai.

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During the course of investigation of the case, it

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was found that certain amount was transferred to the

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3 - NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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account of the petitioner from the account of the first informant and therefore, the Investigating Officer had issued Police notice under Section 35(3) of BNSS, 2023 directing the petitioner to appear before him for the purpose of investigation. Apprehending arrest in the case, the petitioner had filed Cri.Misc.No.9213/2024 before the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69), which was dismissed on 21.10.2024. Therefore, he is before this Court.

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Learned counsel for petitioner, after reiterating the grounds urged in the petition, submits that petitioner is an agriculturist by avocation. The Bank statement made available to the Court would go to show that on 29.07.2024, there has been various transactions in the Bank account of the petitioner and all the money that was credited on the said date was also transferred on the very same date to different accounts. However, the petitioner has not withdrawn any amount. He is ready to cooperate

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NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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with the Police for investigation. Accordingly, he prays to allow the petition.

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Per contra, the learned High Court Government

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Pleader has opposed the petition and he prays to dismiss the petition.

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A perusal of the material on record would go to show that the petitioner is not arraigned as accused in the FIR. During the course of investigation of the case, it was found that certain amount was transferred by the first informant to the account of the petitioner and therefore, enquiry notice has been issued to the petitioner by the Investigating Officer. It is not in dispute that the petitioner has no other criminal antecedents.

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A perusal of the Bank account statement of the petitioner would go to show that there were multiple transactions in his Bank account on 29.07.2024 and lakhs of rupees was credited and also transferred from his Bank account on the same date. The Bank account statement

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5 - NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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reveals that the petitioner has not withdrawn any amount, which was credited to his account.

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The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. The petitioner is an agriculturist, he has undertaken to co-operate with the Police for the purpose of investigation and he has no other criminal antecedents. Considering the aforesaid aspects of

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the matter, I am of the opinion that the prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed;

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ii) The respondent-Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.534/2024, registered by North CEN Police Station, Bengaluru for the offences punishable under Sections 66C and 66D of the Information

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NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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Technology Act, 2000 and Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

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a) The petitioner shall appear before the Investigating Officer in the present case without fail on 02.12.2024 between 10.00 a.m. and 11.00 a.m. and on the said date, if necessary, the Investigating Officer is set at liberty to take the petitioner into custody for the purpose of interrogation. However, it is made clear that on the very day, the petitioner shall be released on or before 6.00 p.m. subject to he executing a personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer;

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b) The petitioner shall not tamper with the prosecution witness and he shall cooperate

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NC: 2024:KHC:47406 CRL.P No. 11541 of 2024

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with the Police for investigation and appear

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before them whenever called upon;

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c) The petitioner shall not involve in similar

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offences in future.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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List No.: 1 Sl No.: 1

Sri Vinay C v. the State of Karnataka

Case brief

What is this about?

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Sri Vinay C v. the State of Karnataka

Case brief

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