Bombay High Court
Vikas Kalyanam Narayan vs The State Of Maharashtra on 7 September, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
sr.4.ba.2103.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2103 OF 2018
Vikas Kalyanam Narayan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr.Rafique Ahmed Shaikh a/w. Mr.Shariff Khan for the applicant.
Mr.R.M. Pethe, APP for the respondent/State.
Mr.Aabad Ponda a/w Mr.Swapnil Ambure i/b. Mr.Dinesh Tiwari &
Associates for intervener.
Mr.Santosh Kotwal, P.I., Cyber P.S. , Crime Branch CID, Mumbai.
CORAM : PRAKASH D. NAIK, J.
DATE : 7th SEPTEMBER 2018
P.C. :
1. This is an application for bail in connection with CR No.3 of
2018 registered with Cyber Police Station, Crime Brancch, CID,
Mumbai. The offences registered are under Sections 419, 465,
468, 469, 471, 474, 500, 501, 502 and 504 read with Sections
120-B and 34 of the Indian Penal Code (IPC) and Sections 66(c)
and 66(d) of the Information and Technology Act (IT Act). The
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applicant was arrested on 7th July, 2018. The chargesheet is filed
on 1st September, 2018.
2. The case of the prosecution is as follows;
(a) The applicant is ex-employee of the complainant company
whose services were terminated on 5th August, 2016 due to
insubordination and loss of confidence.
(b) Mr. Tarun Samant is the former CEO of Company viz. M/s.
Tata Motors Insurance Broking and Advisory Services Ltd.
(Company) He graduated with a degree of Bachelor of arts in the
year 1983 from Chaudhary Charan Singh University (formerly
known as Meerut University) He was hired as the CEO of the said
Company on 17th November, 2014. On taking up assignment with
the said Company, he enrolled himself with the Insurance Institute
of India. For the purpose of enrollment for the aforesaid course
conducted by the Insurance Institute of India, it was mandatory to
submit a copy of the Graduation Certificate on the date of
enrollment. As Tarun Samant was not having a copy of the
Graduation Degree in the month of January, 2015 but was holding
the requisite mark sheet for passing the graduation examination.
While issuing the Graduation Degree Certificate on 21 st January,
2015, Chaudhary Charan Singh University misspelled his surname
as 'Sawant' instead of 'Samant'. The aforesaid error is apparent
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from the B.A. Degree Certificate issued by the University.
Capitalizing on the aforesaid spelling error in the Certificate
issued, due to inadvertence by the Chaudhary Charan Singh
University, Arise India Foundation (NGO) has addressed
innumerable Email complaints as well as 4 letters all dated 4 th
December, 2015 to various authorities regarding the educational
qualifications of Tarun Samant. The aforesaid allegations
contained in the aforesaid correspondence made and published by
NGO to various persons and entities are totally malicious,
defamatory, baseless and made with the sole intention of
maligning, defaming and harassing said company as well as
Mr.Samant and by said criminal act wrongful gain is caused to
accused persons and wrongful loss is caused to the Company by
way of loss of business.
(c) Tarun Samant's candidature as CEO of the company was
forwarded by the said company to IRDAT, Hyderabad, after duly
scrutinizing the same, IRDAI approved his appointment on 7th
April, 2015 and requested said Company to submit a copy of the
letter relieving the outgoing CEO.
(d) Subsequently to the appointment of Mr. Samant as CEO as
M/s. Tata Motors Insurance Broking & Advisory services Ltd., the
Arise India Foundation having its registered address at 6, D Main
West End, 9th Block, Jayanagar Bengaluru 560 069 sent numerous
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emails to various authorities, Ministers, Functionaries and others
containing false, malicious, par se dematory and baseles
allegations with sole intention to malign and harm the reputation
of M/s. Tata Motors Inurance Broking and Advisory Services Ltd.,
Mr. Tarun Samant, Senior Management of Tata Motors Insurance
Broking & Advisory Service Limited, Senior Management of Tata
Group Companies, etc.
(e) Accused knowingly circulated various emails knowing the
same to be false for the purpose of causing annoyance,
inconvenience and maligning to the reputation as well as the
prestige of M/s. Tata Motors Insurance Broking and Advisory
Services Ltd., Mr. Tarun Samat and also Board Members / Senior
official of TATA group of companies thereby committing serious
offence.
(f) The NGO acted at the behest of the accused. Dr. Kodur
Venkatesh, founder and Raghvendra Kowalgi, Western India Head
are concerned with day to day activities of the said NGO and are
together responsible for taking all decisions with regard to the
NGO. They had started initial campaign of sending not only
defamatory email but full of falsity only for the sole reason that
wrongful loss is caused to company and wrongful gain to the
accused person.
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(g) Due to large number of false emails received by the IRDA
from NGO in this regard, IRDA conducted their own inquiries into
the matter of Tarun Samant's educational qualifications and
certificates as well as other defamatory allegations made in the
emails. Extensive correspondence was exchanged between
Mr.Samant, said Company, IRDA and Choudhary Charan Singh
University to ascertain the truth of the matter and the same was
resolved and the truth ascertained to the satisfaction of all
concerned parties. However, the sending of such knowingly false,
defamatory, harmful emails did not stop and continued to harm
the reputation of said company, Mr. Samant and Board members,
Senior officers of TATA group of companies. The accused person
Dr. Kodur, Venektesh and Raghvendra Kowalgi were fully aware
that in respect of alleged fake certificate pertaining to Tarun
Samant, the matter was fully investigated by MRA marg police
station which was based on their complaint and even though they
were intimated by the police about the closure of the complaint
still the defamatory emails were send by them alongwith other
accused person by impersonating the email id etc. not only to
defame Tarun Samant, TATA group but with sole intention to
cause wrongful loss to company and wrongful gain to them by the
said process of impersonating.
(h) As a result of these dishonest and illegal actions, the said
company was forced to file a suit for defamation bearing Suit
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No.387 of 2017 in the High Court of Bombay on 25 th April, 2017
setting out in great details all the events as narrated aforesaid. By
order 3rd May, 2017, this Court has directed Dy. Commissioner of
Police, Cyber crimes Investigation Cell (CCIC) to investigate into
the matter and submit a report by 15 th May, 2017. On 22 nd May,
2017, this Court has granted liberty to file appropriate proceedings
against Arise India Foundation in Bengalure and Mumbai, Dr.
Kodar Venkatesh, Mr. Raghavendra Kowalgi and Mr. Vikas K.
Narayan under IPC and IT Act to restrain them from making and
publishing defamatory material against the complainant.
(i) It is alleged that the accused had created various fake emails
for the purpose of causing annoyance, inconvenience and
maligning the prestige of M/s. Tata Motors Insurance Broking and
Advisory Services Ltd. Despite order of High court restraining
Foundation and related parties, the malicious defamatory and
harmful emails were sent to various authorities amounting to
contempt.
3. The applicant was arrested on 7th July, 2018 and he was
remanded to police custody till 10th July, 2018. Thereafter, he was
remanded to the Judicial custody. The grant of judicial custody
was challenged before this Court. The original complainant filed
Criminal Application No.817 of 2017. The said application was
disposed of vide order dated 17th July, 2018. The applicant
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subsequently preferred an application for bail before the learned
Magistrate which was rejected on 18 th July, 2018. The application
before the Sessions Court was rejected on 14th August, 2018.
4. The learned Counsel for the applicant submitted that all the
offence except the charge under Section 468 is bailable. It is
further submitted that the said charge was added subsequently. It
is submitted that the accused who was arrested in the same case
was in custody for a period of about 50 days and subsequently he
was granted bail. The applicant is in custody from 7th July, 2018
and he is undergone detention for a period of 60 days. It is
submitted that chargesheet has been filed against the applicant.
The charge under Section 468 which is non bailable attract
punishment of seven years imprisonment. The police are in
possession of all emails addresses. The applicant is in judicial
custody and no useful purpose will be served by detaining him in
custody. Section 468 is implanted at the instance of complainant
to enhance the gravity of allegation and to detail the applicant for
considerable long period of time in custody. The FIR is lodged out
of vendetta. The applicant is in custody from 7th July,2018. The
applicant hails from respectable family. He is a qualified MBA
from USA and was studying in a prestigious college Rochester
Institute of Technology, New York USA.
5. Learned APP submitted that the accused was involved in
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circulating the emails. As per prosecution, the accused sent about
3000 emails inspite of injunction by High Court. The applicant
had opened email accounts out of which some imp ID's are yet to
be opened. In the event of grant of bail there is likelihood of
tampering with evidence.
6. The learned Counsel for the intervener had vehemently
opposed grant of bail. It is submitted that the accused was
involved in sending about 3000 emails. The applicant used his skill
in sending fake email. He is likely to tamper with evidence. He
has committed breach of order of High Court. It is submitted that
complainant was forced to file suit in High Court on 28 th March,
2017 and the said proceeding is pending in this Court. The Court
has directed DCP Cyber Crime to investigate the matter and
submit report. The Court also directed formation of special team to
investigate the matter. It is submitted that in accordance with
direction of the High Court, the police have conducted
investigation. The applicant and the co-accused had acted in
connivance with each other. The applicant would tamper
electronic evidence if granted bail. His role is different than the
role of Piyushkanti Roy. He has created fake email ID's with the
help of and in conspiracy with other accused.
7. I have perused the FIR and other documents. It is noted that
the applicant is in judicial custody from 10th July, 2018. The
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investigation is conducted by the police and chargesheet has been
filed. The co-accused Piyushkanti Roy was in custody from 31 st
May, 2018 till 7th July, 2018. He is granted bail. It is noted that
initially the offences were registered under Sections 419, 500,
501, 502, 504 read with Section 34 of the Indian Penal Code.
Subsequently, charge of forgery were added by the prosecution.
He was arrested on 7th July, 2018 and produced for remand on 8th
July, 2018. He was remanded to police custody till 10 th July,
2018. The learned Magistrate refused to grant of police custody
beyond 10th July, 2018. While granting judicial custody vide order
dated 10th July, 2018, the learned Magistrate has observed that the
accused is in police custody since 7 th July 2018 and there is no
need to extend police custody. The applicant was employed as
Assistant Vice President with complainant. His services were
terminated on 5th August, 2016. It is alleged that accused
circulated large number of emails maligning reputation of
company and other. Additional charges under Sections 465, 468,
469, 471, 474 of IPC were added subsequently. Except Section
468, the other offences involved under provisions of IPC were
bailable. While granting bail to Mr.Roy it was observed by
Sessions Court that the crime shows involvement of documentary
evidence. The applicant is in custody for substantial period of
time. There is no need to continue his detention in custody.
8. Taking into consideration the aforesaid circumstances, more
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particularly the fact that the investigation is already completed
and the chargesheet is filed, no purpose will be served by
detaining the accused. Hence, I pass following order;
:: ORDER ::
(i) Bail Application is allowed.
(ii) The applicant is directed to be released on bail in connection with CR No.3 of 2018 registered with Cyber Police Station, Crime Branch, CID, Mumbai, on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more surety in the like amount.
(iii) The applicant shall not tamper with evidence
(iv) The applicant shall not commit similar types of offences while on bail.
(v) The applicant shall report the concerned police station once in a month on first Saturday of the month between 10.00 to 12.00 noon till the completion of the trial.
(vi) The applicant shall attend the trial Court proceedings as and when the matter is fixed for hearing unless he is exempted by the trial for some reasons.
(vii)The applicant is permitted to furnish cash security in Digitally the sum of Rs.25,000/- for a period of four weeks.
signed by Vina Vina Arvind Khadpe Arvind Date:
Khadpe 2018.09.11 15:18:33 +0530 [PRAKASH D. NAIK, J.] Vina k 10/10