Karnataka High Court
Yunus Moula Mulani vs State By Cid Cyber Crime Police on 5 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:44507
CRL.P No. 12273 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 12273 OF 2023
BETWEEN:
YUNUS MOULA MULANI,
AGED ABOUT 51 YEARS,
S/O MOULA MULANI,
RESIDING AT: NO.B/10, MAHINDRA COLONY,
SANT DNYANESHWAR MARG,
NEAR GANAPATI, MANDIR,
SHRI KRISHN NAGAR, BORIVALI EAST,
MUMBAI, MAHARASHTRA - 400 066.
...PETITIONER
(BY SRI. KALEEM SABIR., ADVOCATE)
AND:
1. STATE BY C.I.D CYBER CRIME POLICE
BENGALURU - 560 052.
(SPP HIGH COURT OF KARNATAKA
AT BANGALORE - 560 001).
Digitally signed by B
K
MAHENDRAKUMAR 2. JYOTHI LAKSHMI G,
Location: High
Court of Karnataka D/O G.S.GANAPATHI,
AGED ABOUT 49 YEARS,
NO.202, 14TH STREET,
VINAYAKA NAGAR,
DEVASANDRA, K.R. PURAM,
BENGALURU - 560 036.
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC
PRAYING TO SET ASIDE THE CONDITIONS NO.2 AND 3 OF THE
ORDER DATED 20.11.2023 ON THE FILE OF THE I A.C.M.M
COURT BENGALURU CITY WHICH IS ARISING OUT OF
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NC: 2023:KHC:44507
CRL.P No. 12273 of 2023
CR.NO.2/2023 OF CID CYBER CRIME POLICE AT BENGALURU
FOR THE OFFENCE UNDER SEC.66C, 66D OF I.T ACT AS AN
ABUSE OF PROCESS OF LAW.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner had filed an application under Section 451 and 457 of Cr.P.C to defreeze the subject account stating that he is no way connected to the online account, and the account is frozen by the investigation officer on the suspicion that the accused had purchased dollars from other petitioners online in Binance APP for Rs.1,87,000/-.
2. The learned Magistrate allowed the application subject to certain terms and conditions. The petitioner is aggrieved by condition Nos.2 and 3.
3. Heard the learned counsel for the petitioner and learned HCGP for the respondent-state.
4. The petitioner is neither a victim of the online fraud nor the accused who were allegedly involved in the online fraud. The police in contravention of Sub-Section 3 of Section 102 of Cr.P.C issued a notice calling upon the Bank to defreeze the account of the petitioner.
5. Learned Magistrate having allowed the application, committed an error in imposing condition Nos.2 and 3 after having directed the petitioner to execute an indemnity bond for -3- NC: 2023:KHC:44507 CRL.P No. 12273 of 2023 a sum of Rs.1,87,000/- with one surety for the likesum. Therefore, the impugned condition imposed by the learned Magistrate is arbitrary and discrimination. Accordingly, I pass the following:
ORDER i. Criminal petition is allowed.
ii. The impugned condition Nos.2 and 3 in order dated 20.11.2023 passed by the I Addl. Chief Metropolitan Magistrate, Bengaluru City, in Cr.No.02/2023 registered by the C.I.D. Cyber Crime Police at Bengaluru on the application filed under Section 451 and 457 of Cr.P.C. is hereby quashed.
iii. The other conditions imposed are remained unaltered.
Sd/-
JUDGE RKA