Karnataka High Court
Aman Tiwari vs State Of Karnataka on 19 October, 2022
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION No. 9183/2022
BETWEEN:
AMAN TIWARI
S/O SHRI NARENDRA KUMAR,
AGED 21 YEARS
R/O THE-ALWAR, BHARKOL
RAJASTHAN-321 633
....PETITIONER
(BY SRI. PANKAJ SHARMA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY CEN POLICE STATION, DAVANAGERE
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE, KARNATAKA-560 001
...RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CR.NO.55/2022 OF DAVANAGERE
CEN CRIME P.S., DAVANAGERE FOR THE OFFENCE P/U/S.419,
420 OF IPC AND SEC.66, 66(C), 66(D) OF IT ACT.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioner/Accused under Section 439 of Cr.P.C. seeking for enlarging him on regular bail in Crime No.55/2022 of CEN Police Station, Davangere District, registered for the offences punishable under Sections 66(C), 66(D)of Information and Technology Act and Section 419 and 420 of IPC.
2. The brief factual matrix of the prosecution case are that, the complainant is studying in MBBS in SSIMS College at Davangere and he was holding khata in Flip- Kart on-line shopping and he has linked his mother's mobile number and also he had linked his e-mail ID number to the khata of Flip-kart on-line shopping. Since eight years, the complainant has regularly purchased items from Flip-kart online shopping and he is a loyal customer in the Flip-kart company. Considering this, Company had given him Flip-kart pay later giving him credit limit of Rs.45,000/-. It is further alleged that on 21.01.2022 somebody has misused the khata of 3 complainant's account without his knowledge and changed the name of his mother in Flip-kart link number and shown the name as Jyoti Jain and also changed Flip-Kart khata password number, and an unknown person has taken Rs.45,000/- Flip-kart vouchers ie., four vouchers of Rs.10,000/- and one voucher of Rs.5,000/- from the Flip- kart khata of the complainant. Thereafter, on 01.02.2022 the complainant had received pay letter from Flip-kart regarding payment of Rs.6,635/- EMI for 9 months through e-mail. Then he came to know that some unknown person has purchased the digital voucher for Rs.45,000/-. Therefore, he attempted to contact Flip-kart customer care centre on number of occasions, but which went in vein and in this regard he has also sent email to Flip-kart Company. Subsequently on 09.02.2022, the Flip- kart authority have received particulars regarding the Aadarcard number and email ID and the same was put updated as earlier to his mother's mobile. Thereafter, he 4 lodged a complaint regarding hacking of his Flip-kart katha, in the jurisdictional police station.
3. On the basis of the complaint, the said crime was registered and subsequently during the course of investigation, the Investigating Officer has apprehended the petitioner and he was produced before the Court and remanded to judicial custody. Therefore, the petitioner has filed a petition before the learned Sessions Judge seeking bail and the same was rejected and hence, he is before this Court.
4. Heard the learned counsel appearing for the petitioner as well as the learned HCGP appearing for the Respondent/State. Perused the records.
5. The records disclose that the Flip-kart account of the petitioner was hacked and a sum of Rs.45,000/-, which was given as a credit limit to the complainant was misused by the petitioner. This is a serious offence of hacking and its impact is more.
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6. Learned counsel for the petitioner though asserts that the petitioner is a young boy of 21 years, but it is to be noted here that at the young age itself , he is involved in a criminal act of hacking mobile particulars and misusing of Flip-kart kathas and indulged in misappropriation of money, which cannot be taken in a light way. Since, this is a serious offence and the Investigating Officer is required to investigate the matter technically in this regard by using Digital Platform. If the petitioner is released on bail, there is every possibility of tampering prosecution witnesses and jumping bail.
7. Learned counsel has placed reliance on a decision of the Delhi High Court in Criminal Revision No.82/2021 rendered on 28.07.2021 [Qing Shi Vs. The State]. But, the facts and circumstances of the said case are entirely different. In the instant case the matter is still at the stage of investigation and the petitioner being a young chap has indulged in hacking and if such offences are allowed to be continued, he would not hesitate to 6 commit similar offences in future also, which will be a threat for other organizations including security of the Nation. Under these circumstances, this is not a fit case, wherein at this juncture, discretion of granting bail can be exercised. Hence, the petition being devoid of any merits, does not survive for consideration. Accordingly, this petition stands dismissed.
Sd/-
JUDGE KGR* CT:NR