Karnataka High Court
Karan Singh vs Jagath Devaiah.M.M on 3 July, 2020
Equivalent citations: AIRONLINE 2020 KAR 1394
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2020
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.1956/2020
BETWEEN:
KARAN SINGH
S/O KIRODILAL
AGED ABOUT 35 YEARS
KISHANPURA MAHOLLA
DEEG THARA POST
DEEG, BHARAPURA
RAJASTHAN.
..PETITIONER
(BY SRI AVINASH P, ADVOCATE)
AND:
1. JAGATH DEVAIAH M.M
AGED ABOUT 26 YEARS
R/AT No.66, 7TH BLOCK
1ST MAIN, KORAMANGALA
BANGALORE - 560 095.
2. STATE OF KARNATAKA BY
(ONLINE) CYBER CRIME
POLICE STATION
BANGALORE - 560 095.
REPRESENTED BY SPP
HGIH COURT BUILDING - 560 009.
..RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.No.10044/2019 OF CYBER CRIME P.S.,
BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 419, 420 OF IPC AND SECTION 66(C) AND
66(D) OF I.T. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT
BENGALURU MADE THE FOLLOWING:
ORDER
This matter is taken up through Video Conference today.
2. Learned counsel Sri.Avinash P., for petitioner and Sri.K.Nageshwarappa, learned HCGP for respondent are present.
3. The petition is filed under Section 439 of Cr.P.C. wherein the petitioner seeks grant of bail in Crime No.10044/2019 for the offences punishable under sections 419 and 420 of IPC and Sections 66(C) and 66(D) of Information Technology Act, 2000 of the respondent No.2-Police Station.
3
4. The petitioner is stated to be in Judicial Custody from 25.12.2019.
5. The date of complaint is 14.12.2019. He was arrested and remanded to judicial custody on 25.12.2019.
6. Previously, the petitioner had made application before the learned LXIX Additional C.C. and Sessions Judge, Bengaluru in Crl.Misc.No.556/2020 under Section 439 of Cr.P.C. that came to be dismissed on 01.02.2020. Hence, this petition.
7. Copy of the petition is served on learned HCGP for respondent.
8. Heard.
9. The substance of the complaint is that complainant had listed advertisement on 13.12.2019 4 in OLX to sell furniture and complainant was contacted by Rahul Sharma who showed interest in buying the furniture and Rahul Sharma sent QR code to the complainant. Complainant was asked to scan the QR code via Phone Pay and PayTM. Accordingly it was done on multiple such scanning on the QR code the complainant lost his money of Rs.84,000/- in total and upon the complaint police have lodged the report.
10. Learned counsel submits application filed before the learned Sessions Judge came to be rejected and he has come before this court. Learned counsel would further submit that the petitioner is in judicial custody from 25.12.2019 and case was registered in Crime No.10044/2019 dated 14.12.2019 for the offence punishable under sections 419 and 420 of IPC and Sections 66(C) and 66(D) of Information Technology Act, 2000.
5
11. Learned counsel would further submit that the petitioner is from Rajasthan and he is not acquainted with local or locality.
12. Learned HCGP would submit that the petitioner had played fraud deliberately and intentionally for wrongful gains to him and wrongful loss to the other. The petitioner is in judicial custody and investigation is yet to be completed.
13. Learned counsel for petitioner submits that final report is not filed. If such being the case, the trial court should have looked into the aspect and considered the matter, contents of the section indicate the punishment and it does not extend beyond 10 years. The trial court should have noted the length of custody and non filing of final report when the petitioner is entitled for statutory bail whatever may 6 be the nature of application or status is concerned, it is the duty of the court to ensure that the objects of relevant provisions of law shall not be defeated. When a case is clearly made out regarding non filing of final report when the petitioner is in custody then he becomes entitled for bail. It is also duty of the court to ensure that the said right is allowed to be exercised by the accused in custody.
14. Learned HCGP submits that charge sheet is not filed.
15. Insofar as non filing of final report and considering the stay of petitioner in judicial custody from 25.12.2019, it is just and proper to release the petitioner on bail.
7
ORDER Petition filed under Section 439 of Cr.P.C by the petitioner is hereby allowed. He is ordered to be released on bail in Crime No.10044/2019 for the offences punishable under Sections 419 and 420 of IPC and Sections 66(C) and 66(D) of Information Technology Act, 2000 registered by the respondent No.2-police subject to following conditions:
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety of a person possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses or tamper with the prosecution witnesses in any manner.
iii) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every Monday and Saturday of the month between 9 and 10 p.m. till filing of charge sheet.8
iv) Petitioner shall place himself in quarantine for a period of 14 days at home before which he shall get himself medically checked.
If one more FIR is registered against the petitioner, it would entail for cancellation of bail.
Sd/-
JUDGE SBN