IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7018 OF 2017 BETWEEN MANOJ KUMAR R S/O RAJASHEKAR AGED ABOUT 41 YEARS R/AT NO.E-101 POORVA SKYWOOD HARALURU ROAD OFF SARJAPUR ROAD BANGALORE – 560 102 (BY SRI.HASMATH PASHA, ADV.) AND STATE OF KARNATAKA BY CYBER CRIME POLICE STATION BANGALORE INVESTIGATED BY CCB POLICE (OCW) BANGALORE – 560 101 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR) (BY SRI. S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.331/2017 OF CYBER CRIME POLICE STATION, BENGALURU CITY, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 66(C) AND 66(D) OF INFORMATION TECHNOLOGY ACT, 2000 AND SEC. 420, 468, 471 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner/accused No.3 along with three others is charge sheeted by the respondent police in respect of the offence punishable under Sections 66(C) and 66(D) of Information Technology Act, 2000 and Sections 420, 468, 471 of IPC.
2. The allegation of the prosecution is, the first accused is a Srilankan National and was engaged in fabricating fake VISA/Master Cards. Accused Nos. 1 and 2 by using such cards cheated the original card holders. Third accused is alleged to have supplied swiping machines to the first accused. The name of this petitioner came on record after the arrest of the first accused wherein he is alleged to have stated that he collected the information pertaining to the original credit card holders of foreign countries through online.
3. Learned counsel for the petitioner submits that this petitioner was implicated on similar allegations in Crime No.45/2016 registered by the same cyber crime police. Petitioner and his wife challenged the said FIR in a 482 Cr.P.C. petition Crl.P.No.4629/2016 before this court. That petition came to be allowed vide order dated 28.09.2016. The respondent-police since had the details of this petitioner, conveniently implicated him in this case on their own. On coming to know about his implication in this case, he moved the petition before the Sessions Court which came to be rejected. He apprehends torture by the respondent police since there are issues between him and the respondent police in respect of the return of the properties seized by them in Crime No.45/2016 and if anticipatory bail is granted for a limited period, petitioner will move for regular bail.
4. In the light of the above, petition is allowed.
Petitioner is granted anticipatory bail in Crime No. 331/2017 for a period of three weeks.
Within the above period, he shall surrender before the concerned court and move for regular bail. Till the disposal of the regular bail petition, this order will be in force.
In the event of arrest by the I.O. within above period, he shall be enlarged on bail on executing a self bond for a sum of Rs.1,00,000/- (One Lakh Rupees only) with one surety for the likesum to the satisfaction of the concerned I.O.
Sd/- JUDGE Bsv