IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.6961 OF 2017 Between:
Navaz Shariff, S/o Shamiulla Shariff, Aged about 22 years, R/at No.22/3, 1st Floor, 16th Cross, Kanakanagar, Bengaluru – 560 100. …Petitioner (By Sri. Hashmath Pasha, Advocate) And:
State of Karnataka by Cyber Crime Police Station, Bengaluru.
Investigated by CCB Police (OCW) Bengaluru – 560 101. (Represented by Learned State Public Prosecutor) ... Respondent (By Sri S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Crime No.331/2017 of Cyber Crime P.S, Bengaluru for the offences P/U/S 66(C), 66(D) of I.T Act and Sections 420, 468, 471 of IPC.
This Criminal Petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent.
2. The petitioner (accused No.2) is in judicial custody in Cr. No.331/2017. Now, charge-sheet is submitted against 5 accused persons by the respondent-police in respect of the offences punishable under Sections 66C, 66(D) of Information Technology Act, 2000; Section 12(C) of Passport Act, 1967 and Sections 420, 468, 471 of IPC.
3. The allegation is, accused Nos.1 to 15 used to fabricate Visa\Master cards. On 21.06.2017 accused Nos.1 and 2 swiped one such fake card in the swiping machine of the complainant after purchasing articles of Rs.1,10,000/-. Subsequently, the complainant came to know that the amount was not credited to his account.
4. The 1st accused is enlarged on bail by the order of this Court in Criminal Petition No.6797/2017. Since the investigation is completed and having regard to the nature of the allegation, the petition is allowed. Petitioner is enlarged on bail subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One lakh) with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall produce Aadhar Car/Identity Card and the original title deeds pertaining to immovable property for perusal of the Court. He shall not have the antecedents of offering surety to the accused persons in any criminal case.
(ii) He shall attend the Court regularly and shall not threaten the complainant or any other prosecution witnesses.
In view of disposal of main petition, I.A.No.1/2017 does not survive for consideration.
Sd/-
JUDGE SV/LL