Karnataka High Court
Tarun Goyal vs State Of Karnataka on 13 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:37713
CRL.P No. 9174 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9174 OF 2024
BETWEEN:
TARUN GOYAL
S/O VIRANDER GOYAL
AGED ABOUT 33 YEARS
R/AT TOWER 3 D201
ADARSHA PALM
BELLANDUR
BENGALURU - 560 103.
...PETITIONER
(BY SRI RAMAKRISHNA SRINIVASAN, ADV., AND
SMT. ANKITHA KUMAR A, ADV.)
AND:
STATE OF KARNATAKA
BY BELLANDUR POLICE STATION
REPRESENTED BY
THE STATE PUBLIC
Digitally
signed by PROSECUTOR
NANDINI MS HIGH COURT COMPLEX
Location: KARNATAKA - 560 001.
High Court of
Karnataka ...RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP FOR R-1;
SRI SIJI MALAYIL, ADV., FOR R-1)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE
PETITIONER HEREIN AND TO DIRECT THE RESPONDENT POLICE TO
RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST
IN CR.NO.346/2024 REGISTERED BY BELLANDUR P.S., BENGLAURU
FOR THE OFFENCE P/U/S 65 AND 66 OF I.T. ACT, 2000 AND SEC.
420 OF IPC, PENDING ON THE FILE OF 41ST ADDL. CMM COURT AT
BENGALURU.
-2-
NC: 2024:KHC:37713
CRL.P No. 9174 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.346/2024 registered by Bellanduru Police Station, Bengaluru City for the offences punishable under Section 420 of IPC and Sections 65 & 66 of the Information Technology Act, 2000 is before this Court seeking anticipatory bail.
2. Heard the learned counsel appearing for the petitioner, learned HCGP for respondent No.1 and learned counsel for defacto complainant.
3. The defacto complainant had filed PCR No.5872/2024 before the jurisdictional Court of Magistrate, Bengaluru against the petitioner herein, which was referred to the Police by the learned Magistrate under Section 156(3) of Cr.P.C, and FIR in Crime No.346/2024 was registered by Bellanduru Police Station, Bengaluru City against the petitioner for the aforesaid offences. Apprehending arrest in the said case, the petitioner had -3- NC: 2024:KHC:37713 CRL.P No. 9174 of 2024 filed Crl.Misc.No.6513/2024 before the jurisdictional sessions Court, which was rejected on 05.08.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that undisputedly, the petitioner was a partner in the company known as 'Go homely Private Company Ltd'., of which the defacto complainant is also a partner. The allegation against the petitioner is that while he was a partner in the company, he had changed the login credentials, control keys of the web service, which relate to customers payments details etc., He also submits that further allegation against the petitioner is that he had clandestinely entered into a contract with the company known as 'Zomato' for the purpose of carrying on business of online food order which delivers fresh home food when ordered. He submits that maximum punishment for the alleged offences is imprisonment for a period of seven years and the alleged offences are triable by the Court of Magistrate. He also submits that the petitioner has no -4- NC: 2024:KHC:37713 CRL.P No. 9174 of 2024 criminal antecedents and he is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP and learned counsel for defacto complainant have opposed the petition. They submit that considering the nature of allegation found in the private complaint, custodial interrogation of the petitioner is required. They submit that the petitioner with an intention to cheat the defacto complainant had approached the defacto complainant and had induced the defacto complainant to make him as a partner of the company of which the defacto complainant was the founder. They accordingly, pray to dismiss the petition
6. From a perusal of the material on record it is seen that the company known as ''Go homely Private Company Ltd' was established by the defacto complainant herein and the said company was carrying on business of online food order platform where fresh cooked food when ordered on the company application namely 'Go homely -5- NC: 2024:KHC:37713 CRL.P No. 9174 of 2024 Private Company Ltd'. was delivered to customers. Aforesaid company was started by the defacto complainant in the year 2015. It appears that in the year 2021, the petitioner herein had approached the petitioner showing his interest for partnering the business and accordingly the petitioner was inducted as a partner in the business of the defacto complainant and the petitioner was also appointed as a Director of the company.
7. The material on record would go to show that, the petitioner had totally invested a sum of Rs.22 lakhs in the company. The allegation against the petitioner is that he misused his office in the company and the control keys of web services and login credentials of the company was changed and as a result defacto complainant had no access to the web services of the company through which order was being placed by the customers and payments were received.
8. It is also alleged that the petitioner had subsequently made a business deal with a company known -6- NC: 2024:KHC:37713 CRL.P No. 9174 of 2024 as 'Zomato' and with the aid of applications of 'Go homely Private Company Ltd', 'Zomato' had launched a business setup similar to 'Go homely Private Company Ltd' in the name and style 'Zomato Everyday' and because of the same, the business of the company of defacto complainant was seriously effected. It is in this background, a private complaint has been filed by the defacto complainant making allegation that the petitioner has committed aforesaid offences.
9. From a reading of the averments made in the private complaint it appears that dispute between the parties is civil in nature. Petitioner who has no criminal antecedents has undertaken to cooperate with the police for the purpose of investigation. Having regard to the aforesaid aspects of the matter, I am of the opinion that the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively.
10. Accordingly, the following:
ORDER -7- NC: 2024:KHC:37713 CRL.P No. 9174 of 2024 The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.346/2024 registered by Bellanduru Police Station, Bengaluru City for the offences punishable under Section 420 of IPC and Sections 65 & 66 of the Information Technology Act, 2000 subject to the following conditions:
1. The petitioner shall appear before the Investigating Officer in the present case on 23.09.2024 between 10.00 a.m and 11.00 a.m, and if necessary, Investigating Officer may take the petitioner to custody for the purpose of interrogation on the said date but it is made clear that the Investigating Officer shall release the petitioner on the very same date on or before 6.00 p.m, on he executing personal bond for a sum of Rupees one Lakh with two sureties for like sum to the satisfaction of the investigation officer -8- NC: 2024:KHC:37713 CRL.P No. 9174 of 2024
2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future.
In the event the petitioner fails to comply any one of the bail conditions, liberty is reserved to the respondents to seek cancellation of bail.
SD/-
(S VISHWAJITH SHETTY) JUDGE NMS