IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7066/2017 BETWEEN:
NADEEM SHARIF S/O FAYAZ AHMED AGED ABOUT 30 YEARS RESIDING AT # 30 BLEES APARTMENTS 38TH CROSS, 5TH MAIN ROAD H.B.R.LAYOUT BANGALORE – 560 072. …PETITIONER (BY SRI MOHAMMED PASHA C., ADV.) AND:
STATE OF KARNATAKA BY CYBER CRIME POLICE CCB BENGALURU REP. BY SPP HIGH COURT CAMPUS BANGALORE – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.331/2017 OF CYBER CRIME POLICE STATION, BENGALURU CITY, FOR THE OFFENCES 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:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner (A-3) along with six others is charge sheeted by the respondent-police in their Cr.No.331/2017 for the offences under sections 468, 471, 420 r/w section 34 of IPC, 66(c)(b)(d) of Information Technology Act, 2000 and section 12(c) of the Passport Act, 1967. Liberty is reserved by the Investigating Officer to file additional charge sheet against accused Nos.8 to 15.
3. The allegation is, the 1st accused is a Srilankan National and he used to fabricate fake Visas/Master cards. Swiping the same, the accused persons cheated the original Visa/Master card holders. The specific allegation against this petitioner is, he used to supply the swiping machines to the 1st accused. His house was raided on 14.7.2017 and the materials used for manufacture of fake credit cards and fake driving licences, lap tops, card printers, card writing machine, embossing machine, hard disk, tipping machine, two roles foil papers, UPS, adopter, chargers, WI-Fi routers, speakers, sticker cutter were seized. 30 swiping accounts pertaining to use brought from various banks were also seized. A-1 and A-2 were also arrested. The 1st accused is enlarged on bail by the order of this Court in Crl.P.No.6797/2017 dated 28.9.2017. Investigation since complete, there is no impediment to allow the petition subject to conditions.
The petition is allowed. Petitioner is enlarged on bail in Crime No.331/2017 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court.
The sureties of the accused shall furnish their Identity card and Aadhar card. They shall also furnish original title deeds of their properties for the perusal of the Court. They shall not have the antecedents of offering surety in criminal cases.
(ii) He shall attend the Court regularly on all hearing dates.
(iii) He shall not indulge in similar activities.
(iv) Till conclusion of trial, he shall not leave the territorial jurisdiction of the concerned court without prior intimation to the Investigating Officer.
Dvr:
Sd/- JUDGE