Karnataka High Court
Sri Imran Munish vs State By Central Cen Crime Police ... on 6 June, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4666/2022
BETWEEN:
SRI IMRAN MUNISH
AGED ABOUT 27 YEARS
S/O KHORSED MUNSHI
R/O BABPUR
NASARATPUR, PURBASTHALI
BURDWAN-713 519. ... PETITIONER
(BY SRI BASAWA PRASAD KUNALE, ADVOCATE)
AND:
STATE BY
CENTRAL CEN CRIME POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
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.544/2021 OF CENTRAL
CEN CRIME P.S., BENGALURU CITY FOR THE OFFENCES
P/U/Ss.66-C AND 66-D OF THE INFORMATION TECHNOLOGY
ACT 2008 AND SEC.419 AND 420 OF IPC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.544/2021 registered by Central CEN Crime Police Station, Bengaluru City, for the offences punishable under Sections 66C and 66D of the Information Technology Act, 2008 and Sections 419 and 420 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/ State.
3. This is the case of the complainant that he has received the Whats'app message from one Jerry and she has stated to follow her instructions. Hence, he filled the required information and his account was generated in the website. The User ID and password were given and he opened an account in Binance. Then he deposited money to do trading, he transferred an amount of Rs.50 Lakhs on 17.09.2021, then Nexcoin account 3 was opened again he transferred Rs.7,00,000 INR to different account holders. Similarly he paid amount to different account holders in Binance through Paytm and Google pay on various dates. Through his Binance account the said USD have been transferred to Nexcoin account which is maintained in Binance. He acted as per the instructions. Later he came to know that they have blocked his Nexcoin account, when he try to enter into his account to see whether he can able to login, thereafter he realized that there is something fishy and they were playing fraud on him. Apart from him his group members have also faced the same problem. When he came to know that he was cheated from them, he lodged a complaint and the matter is under investigation.
4. The learned counsel appearing for the petitioner would submit that he is an innocent and he is also one of the victim of this transaction and a notice was given under Section 41A of Cr.P.C., dated 03.03.2022 and he is unable to comply with the notice. The learned counsel also would submit that this petitioner is an innocent person and not indulged in any such 4 acts of fraud or cheating and this petitioner is ready to co- operate with the Investigating Officer. Hence, he may be enlarged on bail.
5. Per contra, learned High Court Government Pleader appearing for the State would submit that an amount of Rs.17,81,000/- is transferred to the account of this petitioner and not only the complainant was cheated and his colleagues were also cheated and it is a chain in cheating the public and the matter requires to be probed. In order to recover the amount and also effectively probed the matter, the presence of this petitioner is required.
6. Having heard the respective counsel and on perusal of the material available on record, the specific allegations are made that the amount has been transferred in favour of this petitioner to the tune of Rs.17,81,000/- and also the allegation of cheating the general public by opening an account by sending message in whats'app, persuaded and instructed to visit website called Nexcoin and now, the same is not in force. Having taken note of the specific allegations and the amount has been 5 transferred in favour of petitioner's account to the tune of Rs.17,81,000/- and the serious allegations are made, it is not a fit case to exercise the discretion under Section 438 of Cr.P.C., to enlarge the petitioner on bail.
7. In view of the discussions made above, I pass the following:
ORDER The bail petition is rejected.
Sd/-
JUDGE cp*