Karnataka High Court
Sri Chakradhar vs The State Of Karnataka on 5 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.9786 OF 2023
C/W
CRIMINAL PETITION NO. 8978 OF 2023
CRIMINAL PETITION NO. 12971 OF 2023
CRIMINAL PETITION NO. 12995 OF 2023
CRIMINAL PETITION NO. 13008 OF 2023
CRIMINAL PETITION NO. 13096 OF 2023
WRIT PETITION NO. 23117 OF 2023(GM-RES)
IN CRL.P.No.9786/2023
BETWEEN:
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH SRI CHAKRADHAR
COURT OF
KARNATAKA S/O LATE M NAGARAJ
AGED ABOUT 36 YEARS
R/AT NO 133, 1ST MAIN
CHAMUNDESHWARI LAYOUT
OLD BYAPPANAHALLI
BANGALORE -560038
...PETITIONER
(BY SRI SADANAND G SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
-2-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
BY CENTRAL CRIME BRANCH POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
AMBEDKAR VEEDHI
BANGALORE -560001
2. SMT PRIYANKA
AGED ABOUT 26 YEARS
R/A NO.55, 2ND CROSS
SIDDARTHA NAGAR
DR TCM ROYAN ROAD
BANGALORE -560015
...RESPONDENTS
(BY SRI B.A.BELLIAPPA, SPP
FOR SRI VENKATASATYANARAYANA.A., HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO QUASH THE FIR IN CR.NO.17/2023 BY THE CYBER
CRIME POLICE BENGALURU UNDER SEC.419 AND 420 OF IPC
AND SEC.66(c) AND 66(d) OF I.T ACT BEFORE THE I A.C.M.M
COURT BENGALURU.
IN CRL.P NO.8978 OF 2023
BETWEEN:
SRI. MANOJ SREENIVAS
S/O P SREENIVAS,
AGED ABOUT 33 YEARS,
NO.51/52, SRI NILAYA,
4TH CROSS, SWAGATH LAYOUT,
VIDYARANYAPURA,
BANGALORE NORTH,
BANGALORE-560097
...PETITIONER
(BY SRI SADANAND G SHASTRI, ADVOCATE)
-3-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
AND:
1. THE STATE OF KARNATAKA
CYBER CRIME POLICE,
BANGALORE BY LEARNED HCGP,
THE HON'BLE HIGH COURT OF KARNATAKA,
AMBEDKAR VEEDHI,
BENGALURU-560001
2. SMT PRIYANKA
W/O ARVIND,
AGED ABOUT 26 YEARS,
R/A NO.55, 2ND CROSS,
SIDDHARTHANAGAR,
DR TCM ROYAN ROAD,
BANGALORE-560053
...RESPONDENTS
(BY SRI B.A.BELLIAPPA, SPP FOR
SRI VENKATASATYANARAYANA.A., HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO QUASH THE FIR IN CR.NO.17/2023 BY THE CYBER
CRIME POLICE BENGALURU UNDER SECTION 419, 420 OF IPC
AND SEC.66(c), 66(d) OF I.T ACT BEFORE THE I A.C.M.M
COURT BENGALURU.
IN CRL.P.No.12971/2023
BETWEEN:
SRI PANENDRA
S/O SHREENIVAS RAO
AGED ABOUT 31 YEARS
R/A #28, 2ND MAIN ROAD,
-4-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
CHIKKABOMMASANDRA, YELAHANKA
BANGALORE -560 038
...PETITIONER
(BY SRI SADANAND G SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CYBER CRIME POLICE STATION
BANGALORE BY LEARNED SPP
THE HON'BLE HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI,
BANGALORE - 560 001
2. SMT. TABASYA .S
D/O SHIVAKUMAR
AGED ABOUT 21 YEARS
R/A NO. 5/3, 6TH CROSS
MARKHAM ROAD, ASHOK NAGAR
BANGALORE - 560 025
...RESPONDENTS
(BY SRI B.A.BELLIAPPA, SPP FOR
SRI VENKATASATYANARAYANA.A., HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO QUASH THE FIR IN CR.NO.28/2023 BY THE CYBER
CRIME POLICE BENGALURU AT ANNEXURE-A UNDER
SEC.66(C),66(d) OF I.T ACT AND SEC.419, 420 OF IPC BEFORE
THE I A.C.M.M COURT BENGALURU.
IN CRL.P.No.12995/2023
BETWEEN:
SRI MANOJ SREENIVAS
S/O P SREENIVAS,
AGED ABOUT 33 YEARS,
NO.51/52, 'SRI NILAYA',
-5-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
4TH CROSS, SWAGATH LAYOUT,
VIDYARANYAPURA,
BENGALURU NORTH,
BANGALORE -560097
...PETITIONER
(BY SRI SADANAND G SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY NORTH EAST CEN POLICE STATION,
BANGALORE BY LEARNED SPP,
THE HON'BLE HIGH COURT OF KARNATAKA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001
2. SMT SHALINI GUPTA
D/O NARENDRA GUPTA,
AGED ABOUT 41 YEARS,
R/A NO.36, 1ST MAIN,
3RD CROSS, AMBABHAVANI LAYOUT,
VIDYARAYAPURA POST, M.S. PALYA,
BANGALORE 560097
...RESPONDENTS
BY SRI B.A.BELLIAPPA, SPP FOR
SRI VENKATASATYANARAYANA.A., HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE FIR IN CR.NO.782/2023 BY THE
NORTH EAST CEN POLICE, BENGALURU U/S 66(c) OF
INFORMATION TECHNOLOGY ACT AND SECTION 420 OF IPC AT
ANNEXURE-A ON THE FILE OF XLV ADDL.C.M.M., BENGALURU.
IN CRL.P.No.13008/2023
BETWEEN:
SRI MANOJ SREENIVAS
S/O SREENIVAS,
-6-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
AGED ABOUT 36 YEARS,
NO. 51/52, 'SRI NILAYA',
4TH CROSS, SWAGATH LAYOUT,
VIDYARANYAPURA, BANGALORE NORTH,
BANGALORE -560097.
...PETITIONER
(BY SRI SADANAND G SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
CYBER CRIME POLICE,
BANGALORE BY LEARNED SPP,
THE HON'BLE HIGH COURT OF KARNATAKA,
AMBEDKAR VEEDHI,
BANGALORE -560001.
2. SMT TABASYA S
D/O SHIVAKUMAR,
AGED ABOUT 21 YEARS,
R/A NO. 5/3, 6TH CROSS,
MARKHAM ROAD, ASHOK NAGAR,
BANGALORE -560025.
...RESPONDENTS
(BY SRI B.A.BELLIAPPA, SPP FOR
SRI VENKATASATYANARAYANA.A, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH
THE FIR IN CR.NO.28/2023 BY THE CYBER CRIME POLICE
BENGALURU AT ANNEXURE-A UNDER SEC.66(c), 66(d) OF I.T
ACT AND SEC.419,420 OF IPC BEFORE THE I A.C.M.M COURT
BENGALURU.
-7-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
IN CRL.P.No.13096/2023
BETWEEN:
SRI PANENDRA
S/O SHREENIVAS RAO
AGED ABOUT 31 YEARS
R/A 28, 2ND MAIN ROAD,
CHIKKABOMMASANDRA
YELAHANKA
BANGALORE 560 038
...PETITIONER
(BY SRI SADANAND G SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY NORTH EAST CEN POLICE STATION
BANGALORE BY LEARNED SPP
THE HON'BLE HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI,
BANGALORE 560 001
2. SMT. SHALINI GUPTA
D/O NARENDRA GUPTA
AGED ABOUT 41 YEARS
R/A NO. 36, 1ST MAIN
3RD CROSS, AMBABHAVANI LAYOUT
VIDYARANYAPURA POST
M.S. PALYA
BANGALORE 560 097
...RESPONDENTS
(BY SRI B.A.BELLIAPPA, SPP FOR
SRI VENKATASATYANARAYANA.A, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE FIR IN CR.NO.782/2023 BY THE NORTH EAST CEN POLICE
BENGALURU U/S.66(C) OF INFORMATION TECHNOLOGY ACT
-8-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
2000 AND SEC.420 OF IPC 1860 AT ANNEXURE A ON THE FILE
OF THE COURT OF XLV ACMM, BENGALURU.
IN W.P.NO.23117/2023
BETWEEN:
1. SRI MANOJ SREENIVAS
S/O P SREENIVAS,
AGED ABOUT 33 YEARS,
NO.51/52, 'SRI NILAYA',
4TH CROSS, SWAGATH LAYOUT,
VIDYARANYAPURA, BANGALORE NORTH,
BANGALORE-560097
2. SRI PANEENDRA
S/O SHREENIVAS RAO,
AGED ABOUT 31 YEARS,
R/A NO.28, 2ND MAIN ROAD,
CHIKKABOMMASANDRA,
YELAHANKA,
BANGALORE-560038
...PETITIONERS
(BY SRI SADANAND G SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CYBER CRIME POLICE STATION,
BANGALORE-560009
2. DIRECTOR GENERAL AND INSPECTOR GENERAL OF
POLICE
POLICE HEAD QUARTERS,
NRUPATUNGA ROAD,
BANGALORE-560009
-9-
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
3. SMT PRIYANKA
W/O ARVIND,
AGED ABOUT 26 YEARS,
R/A NO.55, 2ND CROSS,
SIDDHARTHANAGAR,
DR TCM ROYAN ROAD,
BANGALORE-560053
4. MISS TABASYA
D/O SHIVAKUMAR,
AGED ABOUT 21 YEARS,
R/A NO.5/3, 6TH CROSS,
MARKHAM ROAD,
ASHOKNAGAR,
BANGALORE-560025
5. MRS SHALINI GUPTA
W/O MR GUPTA,
AGED ABOUT 41 YEARS,
NO.36, 1ST MAIN ROAD,
AMBA BHAVANI LAYOUT,
VIDYARANYAPURA,
BANGALORE-560097
...RESPONDENTS
(BY SRI B.A.BELLIAPPA, SPP FOR
SRI VENKATASATYANARAYANA.A, HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE VIDE ANNEXURE-E DTD 21.09.2023 FIR'S IN
CR.NO.0028/2023 AND VIDE ANNEXURE-H DTD 21.06.2023 IN
CR. NO.0782/2023 FILED BY THE CENTRAL CRIME BRANCH,
POLICE, BANGALORE AND NORTH EAST CEN CRIME POLICE
CONSECUTIVELY AND CONSEQUENTLY THE COMPLAINTS VIDE
ANNX-F AND J MADE THEREUNDER ON 16/06/2023 AND
21/06/2023.
- 10 -
NC: 2024:KHC:9160
CRL.P No. 9786 of 2023
C/W CRL.P No. 8978 of 2023
CRL.P No. 12971 of 2023
CRL.P No. 12995 of 2023
CRL.P No. 13008 of 2023
CRL.P No. 13096 of 2023
WP No. 23117 of 2023
THESE PETITIONS COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The registration of the FIR for the offence punishable under Sections 66(C), 66(D) of the Information Technology Act, 2000 and Sections 419 and 420 of IPC is impugned in these petitions.
2. The petitioners' contention is that though there is no allegation of petitioners inducing the second respondent- Informant to invest money in a whatsapp group which was created for the purpose of business transaction, the police only on the basis of the statement of employee of the Bank who is alleged to have stated that the petitioners offered her money to create new accounts in favour of the different persons are subjecting the petitioners to investigation.
3. Learned SPP for the respondent-State submits that on the basis of the statement of the Bank employee, the investigation is conducted and precipitative action will be taken
- 11 -
NC: 2024:KHC:9160 CRL.P No. 9786 of 2023 C/W CRL.P No. 8978 of 2023 CRL.P No. 12971 of 2023 CRL.P No. 12995 of 2023 CRL.P No. 13008 of 2023 CRL.P No. 13096 of 2023 WP No. 23117 of 2023 only in the event, if there is a reasonable ground to proceed against the petitioners.
4. Established legal principle mandates that the petitioners cannot face prosecution solely based on a co- accused's voluntary statement unless there is supporting evidence to substantiate the allegation against the petitioners.
5. With these observations petitions are disposed of reserving liberty to the petitioners to challenge the charge- sheet, if submitted by the police.
All contentions are kept open.
Sd/-
JUDGE kcm List No.: 1 Sl No.: 68