Crl. Misc. No.2963/2024 KABC010083742024 IN THE COURT OF THE LXI ADDL. CITY CIVIL, SESSIONS JUDGE: BENGALURU CITY Dated this the 08 th day of April, 2024 -: PRESENT :- SMT.NISHARANI A.C., B.A., LL.B., III ACC & SJ, Bengaluru C/C LXI ACC & SJ Bangalore, (CCH-62) CRL. MISC. No.2963/2024 Petitioner/s : 1. Anoop Kumar.P Aged about 32 years S/o.Sri Viswanathan.P 21/1525 Sivalayam Thachilottu Thazham Kommeri Valayanad Mankavu, S.O. Kozhikode-673007. (By Sri.Siddharth Suman,Adv.) V/s. Respondent : The State by South CEN Crime Police Station (Rep. by Public Prosecutor, Bengaluru.) Crl. Misc. No.2963/2024 ORDER ON ANTICIPATORY BAIL APPLICATION ONE FILED BY THE PETITIONER UNDER SECTION 438 OF Cr.P.C. This criminal Mis. Petition is filed by the petitioner under Section 438 of Cr.P.C., seeking the relief of anticipatory bail in relation to the case bearing No-Cr.-1625/2023, which is registered by the South CEN Crime Police Station, Bengaluru alleging that petitioner has committed the offences punishable under Section 419, 420 of IPC & Section 66(C) & 66(D) of Information & Technology Act.

2. The petitioner contents that he is innocent of the

alleged offences and he has no knowledge of the alleged crime and he has been falsely implicated in the instant case by the respondent police and he has not cheated any body and he has no bad antecedents and he is not involved in the commission of the alleged of the alleged offences either directly or indirectly and he hails from respectable family and has got deep roots in the society and he is resident of the address as shown in the cause title of the petition and the alleged offences are not punishable with death or imprisonment for life and he is ready and willing to abide by the conditions that may be imposed by the court and he is also ready to offer solvent surety to the satisfaction of the court for his release on bail, hence he is entitled for bail. Crl. Misc. No.2963/2024

3. On the other hand the learned Public Prosecutor has

filed his objections along with the report of the I.O. & opposed the above application that the grounds urged for seeking anticipatory bail are not satisfactory & the matter is still under investigation & now at this stage if the petitioner is granted anticipatory bail then he may threaten, abscond and tamper the prosecution witnesses & accordingly prayed for rejection of the bail petition.

4. In view of the above said facts and circumstances, the

points that arise for my consideration are as follows; 1) Whether the anticipatory bail petition filed by the petitioner under Section 438 of Cr.P.C., deserves to be allowed? 2) To what Order?

5. I have carefully perused the entire materials available

on record and heard the arguments of learned counsel for the petitioner and the learned Public Prosecutor for the respondent.

6. Now, my findings on the above points are as follows:-

Point No.1 – In Affirmative with conditions Point No.2 – As per final Order, for the following; Crl. Misc. No.2963/2024 R E A S O N S

7. Point No.1:- On perusal of the FIR & complaint it is

alleged that the complainant had received a message on Whatsapp from number +447784914613 wherein the sender claimed to have been investing in Crypto currency fro the past 4 years and earning high profits from it on a webside called deuncoin and the had also sent a link to register and the account number UID 70142377 and complainant transferred Rs.2 Lakhs to A/c. No.735305500194 to deposit in the deuncoin account and upon checking his account the balance showed 200 USDT and had received dividend of 230 USD and on examination it indicated a profit of Rs.2,64,33,400 and when complainant attempted to withdraw the same he was informed that 15% tax would be charged and and believing the same complainant claims to have total transfer of Rs.76,20,300to various account as requested and thereby committed the offences punishable under Section 419 & 420 of IPC & Section 66(C) & 66(D) of IT Act.

8. Now, it is the contention of the petitioner he is

innocent of the alleged offences and he is no where connected to the alleged crime & he has been falsely implicated in the instant case and he is ready to abide by the terms and conditions that may be imposed by this Court. Crl. Misc. No.2963/2024

9. On the other hand though the prosecution has

opposed the case of the petitioner that if the petitioner is granted anticipatory bail then they may threaten, abscond and tamper the prosecution witnesses is concerned, the same do no hold any water as the cause title of the petition and copy of the Police Notice under Section 41(A) of Cr.P.C., shows that petitioner is permanent resident of Kerala and his presence can be easily secured before the court & I.O.

10. I am aware that this Court cannot and is not

supposed to sift the evidence made available by the prosecution at the time of deciding the bail petition. However, only for the purpose of deciding that whether the petitioner is entitled for anticipatory bail or not, I discuss the facts alleged by the prosecution and whatever I say, while disposing of this bail petition, cannot be construed as an expression of opinion on the merits of the of the main case.

11. And more over since the alleged offences under

Section under Section 419, 420 of IPC & Section 66(C) & 66(D) of IT Act are not at all punishable with death or life imprisonment and since it is the specific contention of the petitioner that he is ready to co-operate with the investing agency & since alleged offences against the petitioner has to be decided through a thorough trial & since in rulings of Crl. Misc. No.2963/2024 2014(3) KCCR 1884 & 2014 (2) KCCR 1544 it has been clearly held that 'Since offence under Section 420 of IPC is not punishable with death or imprisonment for life nor even exclusively triable by the Court of Sessions then under Section 438 of Cr.P.C., anticipatory bail can be granted with conditions' & moreover on perusal of the records the notice issued by the police to the petitioner under Section 41(1) of Cr.P.C., would show the apprehension of arrest of the petitioner. In this stage it shows the entire case is upon the electronic evidence and on perusal of the I.O. report along with the objections filed by the Public Prosecutor wherein it shows that no such grounds shown as to whey the petitioner is required for interrogation & since the apprehension of the prosecution could be met by imposing stringent conditions then looking into the nature and gravity of the alleged offences, I am of the considered opinion that the petitioner has made out a prima-facie case for grant of anticipatory bail subject to conditions and accordingly, I have answered the above point No.1 in affirmative.

12. Point No.2 :- In view of the discussion made on

point No.1 and further holding it in the affirmative, I proceed to pass the following:- Crl. Misc. No.2963/2024 O R D E R The anticipatory bail petition filed by the petitioner u/s 438 of Cr.P.C., is hereby allowed subject to following conditions;

1. That in the event of arrest of

the petitioner in Cr. No.1625/2023 of respondent Police he shall be released on bail on executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum amount.

2. That the petitioner shall

appear before the I.O. within 30 days from the date of this order and shall co-operate in the matter of investigation or whenever called by the I.O.

3. That the petitioner shall mark

his attendance before the respondent Police Station once in two months on 2nd Saturday of every month till filing of charge sheet. Crl. Misc. No.2963/2024

4. That the petitioner shall not

hold any threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly.

5. That the petitioner shall

furnish his residential address proof and that of his surety.

6. That the petitioner shall not

indulge in similar type of offences in future.

7. That the petitioner shall

appear before the trial court regularly without fail on receipt of the summons.

8. That if the petitioner fails to

obey any of the above said conditions, then this bail order automatically stands cancelled. (Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced by me in the open Court on this the 08th day of April, 2024). (NISHARANI A.C) C/C LXI ACC & SJ, B’luru Crl. Misc. No.2963/2024 08.02.2024 P-SS R-PP

Order

Order pronounced in open Court (vide separate order) with the following operative portion:- O R D E R The anticipatory bail petition filed by the petitioner u/s 438 of Cr.P.C., is hereby allowed subject to following conditions;

1. That in the event of arrest of

the petitioner in Cr. No.1625/2023 of respondent Police he shall be released on bail on executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum amount.

2. That the petitioner shall

appear before the I.O. within 30 days from the date of this order and shall co-operate in the matter of investigation or whenever called by the I.O.

3. That the petitioner shall mark

his attendance before the respondent Police Station once in two months on Crl. Misc. No.2963/2024 2nd Saturday of every month till filing of charge sheet.

4. That the petitioner shall not

hold any threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly.

5. That the petitioner shall

furnish his residential address proof and that of his surety.

6. That the petitioner shall not

indulge in similar type of offences in future.

7. That the petitioner shall

appear before the trial court regularly without fail on receipt of the summons.

8. That if the petitioner fails to

obey any of the above said conditions, then this bail order automatically stands cancelled. (NISHARANI A.C) I/C LXI ACC & SJ, B’luru Crl. Misc. No.2963/2024 Crl. Misc. No.2963/2024