Allowed

Mr Joseph Olivero v. State of Karnataka

Karnataka HC5 Feb 2024CRL.P/12708/2023

Case brief

AI extract

What is this about?

Single judge of the Karnataka High Court allowed a petition for anticipatory bail under Section 438 Cr.P.C. The Court noted insufficient material to ascribe involvement to the petitioners at this stage and directed them to cooperate with the investigation subject to personal bond conditions.

What did the court decide?

Petition allowed; petitioners released on bail subject to personal bond of Rs. 2,00,000 with sureties, cooperation with investigation, and strict compliance of listed conditions.

Mr Joseph Olivero Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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1 - NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 12708 OF 2023

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BETWEEN:

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MR. JOSEPH OLIVERO, S/O MR. DESMOND OLIVERO, AGED ABOUT 40 YEARS, R/AT OLIVERO COTTAGE, NO.47/319, VADUTHALA, ERNAKULAM, KERALA - 682 023.

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MR. JOHNSON K BABY, S/O MR. KARUKAPPILLIL BABY, AGED ABOUT 49 YEARS, VADAKARA, OLIYAMPURAM KOOTHATUKULLAM, ERNAKULAM, KERALA - 686 662.

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…PETITIONERS

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(BY SRI. ARJUN SANTHOSH, ADVOCATE)

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Digitally signed (BY SRI. ARJUN SANTHOSH, ADVOCATE) by CHAITHRA P AND: Location: High Court of Karnataka STATE OF KARNATAKA, THROUGH CEN CRIME POLICE STATION, MYSORE - 570 019. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. RAJAT SUBRAMANYA, HCGP)

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NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST IN CR.NO.19/2023 OF THE CEN CRIME POLICE STATION, MYSURU DISTRICT PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM COURT, MYSURU CITY FOR ALLEGED OFFENCE U/S.66-C,66-D OF INFORMATION TECHNOLOGY ACT 2000 AND SEC.420 OF IPC 1860.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court in this petition filed under Section 438 of Cr.P.C., praying to enlarge them on bail in the event of their arrest in Crime No.19/2023 registered at M/s.C.E.N.Crime Police Station, Mysore District, for the offence punishable under Sections 66(C) and 66(D) of the Information Technology Act, 2008 and Section 420 of the Indian Penal Code, 1860.

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Heard both the sides and perused the material on record.

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3 - NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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The law was set into motion by one Sanath Kumar Paleppady, S/o.P.Govinda Bhat, victim in this case. The gist of the complaint averments are that, the complainant is having S.B. Account bearing No.19890100049603, IFSC Code FDRL0001989. The said account number is linked with his mobile No.8310423812 and he has been using a V-20 Smart Mobile Phone. Similarly, he is having a Kissan credit account bearing No.10097203684, IFSC Code IDFB0080571 and he has been using the same mobile applications for doing transactions. On 10.08.2023, at about 8.30 a.m., he received a message from a telegram App ID @ PANKAJGUPTA008 stating that if he completes the tasks given by them, he will earn a lot of money and also get a part-time job through online. Based on the said Telegram Chat I.D as stated, the complainant sent on various occasions, a total sum of Rs.26,32,200/-. However, he was neither offered any part-time job as assured nor any profit amount was shared with him and thereby, he was cheated.

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NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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Accused Nos.1 and 2 were arrested on

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19.09.2023. The Investigation Officer has seized their bank accounts, passbooks, laptops, ATM card etc., from them.

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The contention of the learned counsel is that the petitioners are falsely implicated in this case without verifying the bank transactions etc., of the complainant. It is also contended that there are no specific allegations as to the role played by the petitioners and the alleged U.P.I I.Ds are not in the name of the petitioners. It is further contended that the account numbers to which the alleged amount is paid by the complainant does not belong to the petitioners.

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Learned High Court Government Pleader has contended that the petitioners are required for interrogation. Therefore, if anticipatory bail is granted, they may not co-operate with the investigation and they may also flee from justice.

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5 - NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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The allegations against the petitioners have to be investigated into. At this stage, there is no sufficient material to show their involvement, so as to deny the relief sought by them. According to the prosecution, the petitioners along with Accused Nos.1 and 2 have cheated the complainant and accumulated lakhs of rupees. It appears that on the basis of voluntary statement of Accused Nos.1 and 2 who were arrested on 19.09.2023, the petitioners are arraigned as Accused Nos.3 and 4. The said Accused Nos.1 and 2 are said to have been granted bail by the Sessions Court. The petitioners have undertaken to co-operate with the investigation of the case. Hence, they can be directed to appear before the Investigating Officer to participate in the investigation.

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Hence, the following:

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ORDER

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Petition is allowed.

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In the event of arrest of the petitioners/accused Nos.3 and 4 in Crime No.19/2023 of CEN Crime Police

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NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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Station, they shall be released subject to following conditions:

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a. Petitioners shall appear before the Investigation Officer within a period of ten days from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.2,00,000/- [Rupees One Lakh only] each, with two sureties for the likesum, out of which, one shall be a local solvent surety.

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b. They shall furnish their contact number and proof of their residential address and co-operate with the investigation.

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c. They shall not tamper with the prosecution witnesses in any manner.

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d. They shall be available for the investigation of the case, whenever required.

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e. They shall appear before the Court on every date of hearing, without fail.

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NC: 2024:KHC:4910 CRL.P No. 12708 of 2023

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Violation of any of the above conditions shall result in

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cancellation of the bail.

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Sd/JUDGE

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BNV List No.: 1 Sl No.: 44 CT:SNN

Mr Joseph Olivero v. State of Karnataka

Case brief

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Mr Joseph Olivero v. State of Karnataka

Case brief

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