Karnataka High Court
Mr. Shridhar K Pujar vs The State Of Karnataka on 27 June, 2024
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NC: 2024:KHC:23892
CRL.P No. 5267 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5267 OF 2024
BETWEEN:
MR. SHRIDHAR K PUJAR
S/O KESARINANDAN
AGED ABOUT 47 YEARS
DY. SP INTERNAL SECURITY DIVISION
R/AT NO-31104, B- 3, T-1
PRESTIGE JINDAL CHIKKABIDARAKALLU,
BENGALURU NORTH
BENGALURU - 560 073
Digitally signed ...PETITIONER
by BHARATHI S
Location: high
court of
karnataka (BY SRI. ARUNA SHYAM .M., SR. ADVOCATE FOR
SRI. SUYOG HERELE .E., ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH CYBER CRIME PS
CID CIS, PALACE ROAD
BENGALURU
REP. BY SPP
HIGH COURT OF KARNATAKA BUILDING
BENGALURU - 01
...RESPONDENT
(BY SRI. JAGADEESHA B.N., SPL.P.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE
THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS
ARREST IN CONNECTION WITH CR.NO.1/2024 ON THE FILE OF I
ADDITIONAL C.M.M., NRUPATHUNGA ROAD, BENGALURU
REGISTERED BY CYBER CRIME P.S., CID FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 343, 344, 409, 426, 34, 36, 37, 201,
204 OF IPC AND SECTIONS 66 AND 84C OF INFORMATION
TECHNOLOGY ACT.
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NC: 2024:KHC:23892
CRL.P No. 5267 of 2024
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The petitioner-accused No.5 is before this Court seeking grant of anticipatory bail in Crime No.1 of 2024 of Cyber Crime Police Station, pending on the file of the learned I Additional CMM Court, Nrupatunga Road, Bengaluru, registered for the offences punishable under Sections 343, 344, 409, 426, 34, 36, 37, 201 and 204 of Indian Penal Code (for short 'IPC') and under Section 66 and 84C of Information Technology Act (for short 'the IT Act') , on the basis of the first information lodged by the informant K Ravishankar.
2. Heard Sri M Aruna Shyam, learned senior advocate for Sri E Suyog Herele, learned counsel for the petitioner and Sri B N Jagadeesha, learned Special Public Prosecutor for the respondent-State. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
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NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 "Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?"
My answer to the above point is in 'Affirmative' for the following:
REASONS
4. The petitioner being accused No.5 is seeking grant of anticipatory bail on the apprehension of being arrested. One of the police officer has lodged first information against accused Nos.1 to 5 making serious allegations that accused Nos.2 to 5 being the Investigating Officers in the earlier criminal cases, including Crime No.91 of 2020 of KG Nagar Police Station and Crime No.153 of 2020 of Cottonpete Police Station, have colluded with accused Nos.10 and 12 in Crime No.91 of 2020. Accused No.10 was detained from 14.11.2020 till 17.11.2020 and accused No.12 was also detained from 14.11.2020 to 18.11.2020 in CAR guest house illegally and after joining hands with the co-accused, they had access to the bit coin account and bit coins valued at Rs.1,83,624/- was transferred to the -4- NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 account of accused Nos.2 and 3, thereby they criminally misappropriated the amount, making wrongful gain.
5. Petitioner is the Investigating Officer in Crime No.91 of 2020. It is alleged that he apprehended accused Nos.10 and 12 in the said case and detained them in custody. It is also alleged that accused No.10 - Sri Krishna @ Sriki who is the professional hacker was given access to the laptop by accused No.5 and other Investigating Officers and tried to hack the websites and servers to steal the information. It is also stated that accused No.10 - Sri Krishna @ Sriki was provided with computer/laptop with internet facility while in custody on 22.01.2021 and permitted him to send an e-mail to his friend. It is alleged that accused Nos.2 to 5 being the Investigating Officers under various criminal cases referred therein were hand in glove with accused Nos.10 and 12 in Crime No.19 of 2020 referred to above and have committed the offences as stated above.
6. The petitioner had filed Criminal Petition No.2916 of 2024 before this Court under Section 482 of Cr.P.C. praying to quash the criminal proceedings registered against him. The said -5- NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 criminal petition was taken up for consideration along with two other criminal petitions i.e., Criminal Petition Nos.2380 of 2024 and 2925 of 2024 and the co-ordinate Bench of this Court passed the order on 02.05.2024 to dispose off the Criminal Petition No.2916 of 2024 directing the petitioner to positively join investigation on 08.05.2024 by appearing before the Investigating officer at 9.00 a.m., reserving liberty to the Investigating Officer to take the petitioner to the judicial custody and conclude the custodial interrogation on the very same day before 6.00 p.m. The petitioner was directed to co- operate with the investigating agency. He was directed not to indulge in extra judicial methods while investigating the matter. Other reasonable conditions were also imposed to safe guard the interest of the prosecution.
7. It is stated that the said order dated 02.05.2024 is challenged by the respondent before the Hon'ble Apex Court and the said order came to be stayed as per the order dated 24.05.2024. However, respondent No.1 therein i.e., the petitioner herein was given liberty to file separate application seeking anticipatory bail before the Court concerned. Accordingly, the present petition came to be filed seeking -6- NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 anticipatory bail. The petitioner is already granted interim order of protection till this date.
8. It is not in dispute that the petitioner had appeared before the Investigating Officer on multiple occasions, even after the order passed by the co-ordinate Bench of this court dated 02.05.2024. It is also admitted that there was search and seizure and the laptop, pendrive and two mobile phones belonging to the petitioner were seized under the mahazar. There is no reasonable explanation as to why the petitioner is required for custodial interrogation.
9. The undisputed facts of the case are that, the petitioner is the police officer of the rank of Deputy Superintendent of Police. He was the Investigating Officer in Crime No.91 of 2020 of KG Nagar Police Station and Crime No.287 of 2020 of Ashoknagar Police Station. Accused Nos.10 and 12 in Crime No.19 of 2020 referred to above were said to have been kept in illegal detention by the petitioner before they were produced before the jurisdictional Magistrate. The documents produced before the Court disclose that the learned Magistrate has recorded in the order sheet about the date on -7- NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 which the aforesaid accused were apprehended and they were produced before the Court. It is also recorded that the said accused were not subjected to ill-treatment. Later, they were given to police custody and thereafter, remanded to the judicial custody. In the meantime, in Crime No.45 of 2020, the Investigating Officer i.e., accused No.2 said to have recovered 31 bit coins at the instance of accused No.10 - Sri. Krishna @ Sriki.
10. Now it is the contention of the respondent that those 31 bit coins were misused by the accused in this case, including the petitioner, by getting 3 nano ledgers purchased by accused No.1 from Gujarath through his associates. Out of 3 nano ledgers, two were given to this petitioner and therefore, he is required for recovery of the same. But the materials on record disclose that accused No.1 has given his confessional statement regarding getting 3 nano ledgers from Gujarath through his associates, retaining one with him and handing over 2 nano ledgers to accused No.2 in the present case. In the voluntary statement of accused No.1, there is no reference to the present petitioner.
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11. It is the contention of the respondent that 31 bit coins said to have been recovered under the mahazar in Crime No.45 of 2020 were found missing due to the collusion of police officers with the accused who were the professional hackers. Now the respondent - police wants the custody of the petitioner for his interrogation for the purpose of getting information about the missing of bit coins and 2 nano ledgers. It is pertinent to note that from the office of the Commissioner of Police, Bengaluru City, the Public Relation Officer issued a press note dated 13.11.2021 referring to the seizure of 31 bit coins from the accused Sri Krishna @ Sriki and referred to the misleading version which are being circulated in the media based on incomplete and distorted facts and states that no such bit coins were missing or lost. The details of recovery of bit coins under the mahazar and obtaining permission from the Government to open bit coin account, changing the password in the presence of cyber experts and the panchas were also high lighted. It is stated that the entire procedure under the mahazar were video recorded and submitted to the jurisdictional Court.
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12. It is further stated in the press note that the permission of the Court was obtained to use the password for the purpose of transfer of bit coins to the police wallet. Therefore, it is stated that in the wallet that is shown by the accused No.10 - Sri Krishna @ Sriki, 186.811 bit coins were there and it is categorically stated that the account was left untouched and as a result, no bit coins were found missing.
13. The press note issued from the office of the Commissioner of Police, Bengaluru runs into 4 pages giving detailed account of the investigation, recovery of bit coins etc., but strangely, now it is the contention of the respondent - police that it was this petitioner and other co-accused who have stolen the bit coins by hacking the server with the help of accused No.10 - Sri Krishna @ Sriki and also got purchased nano ledgers. No materials whatsoever is produced before the Court to show semblance of the case to suggest that the bit coins recovered are missing or the petitioner was having knowledge of stealing the bit coins or purchase of nano ledgers or retaining the same.
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NC: 2024:KHC:23892 CRL.P No. 5267 of 2024
14. The office of the Commissioner of Police, Bengaluru city do not disown the press note referred by the learned senior advocate for the petitioner. It is submitted by the learned Special Public Prosecutor that the circumstances in which press note was released by the office of the Commissioner of Police, Bengaluru City is to be unearthed by investigating into the matter. But the facts remains that the press note was issued on 13.11.2021 and till date, no explanation or corrigendum was issued in that regard. It is not the contention of the respondent that, till date the Commissioner of Police, Bengaluru City or anybody in his office is also colluding with the accused in this case in commission of the offence or that the accused in this case have managed to get such press note released.
15. Learned Special Public Prosecutor further submitted that there was a whatsapp group of which the petitioner was also a member. It is stated that the Investigating Officers of various criminal cases, wherein, accused No.10 - Sri Krishna @ Sriki was the accused, were also the members. It is stated that the text chats disclose that the Investigating Officers who are accused Nos.2 to 5 in the present case are actively involved in mis-appropriation and other offences as alleged. However, it is
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NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 pertinent to state that admittedly even the Joint Commissioner of Police, Bengaluru City is also a member of the said whatsapp group even according to the respondent. He being the superior officer was an active member of the whatsapp group and the chats made by the petitioner and other Investigating Officers was very much within his knowledge. There is no explanation as to why Joint Commissioner has not made any complaint. It is also not explained as to why he is neither enquired nor made as an accused till date. If, the whatsapp chats makes out any offence, definitely there should have been an enquiry about the same.
16. In view of the above, I find serious doubt and serious lapses in the investigation that is being undertaken by the Investigating Officer in the present case. Moreover, I do not find any justifiable reason to subject the petitioner for custodial interrogation. Therefore, reasonable conditions may be imposed against the petitioner, while granting anticipatory bail, which will take care of the interest of the prosecution.
17. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
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NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.1 of 2024 of Cyber Crime Police Station, pending on the file of the learned I Additional CMM Court, Nrupatunga Road, Bengaluru.
The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:-
a. The petitioner shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. The petitioner shall not commit similar offences;
c. The petitioner shall appear before the Investigating Officer or the court as and when required; and d. The petitioner shall not threaten or tamper the prosecution witnesses.
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NC: 2024:KHC:23892 CRL.P No. 5267 of 2024 On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him.
On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.
Sd/-
JUDGE *bgn/-
CT:VS List No.: 1 Sl No.: 32