KABC010234852023
Presented on : 30-08-2023
Registered on : 30-08-2023
Decided on : 07-09-2023
Duration: 0 years, 0 months, 8 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 7th day of September, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 8518 of 2023
and
Crl.Misc.No. 8570 of 2023
Petitioner in
Crl.Misc.8518/2023:
Abhishek Prasad.N.
S/o Nataraju,
Aged about 22 years,
R/at Honganur Village & Post,
Honganur,
Chamarajanagar Districtн571313.
(By Sri.M.Mahadevswamy, Adv.)

2
Crl.Misc.8570/2023:
Crl.Misc.No. 8518/2023
& 8570/2023
Rakshith,
S/o Marappa.M.B.
Aged about 24 years,
R/at No.46, 10th Cross,
Ramanuja road,
KR Mohalla,
Mysore District 570004.
(By Sri.M.Mahadevswamy, Adv.)
/Vs/
Respondent :
State by:
East CEN Crime Police Station,
Bengaluru.
(By Public Prosecutor.)

COMMON ORDERS ON BAIL APPLICATION FILED
UNDER SEC.438 OF Cr.P.C.
Both petitions Crl.Misc.8518/2023 and 8570/2023 are
arising out of same crime number and hence, taken
together for discussion and passed common order.
Petitioners/accused filed bail petitions under Section
438 Cr.P.C seeking anticipatory bail in the event of their
arrest in Cr.No.943/2023 for the offences punishable
under Section 66(C), 66(D) of IT Act, registered by the
respondent pending on the file of 1st ACMM, Bengaluru.

Crl.Misc.No. 8518/2023
& 8570/2023
3
2. The petitioners case in brief are as follows:
The petitioners are innocent of the offence alleged.
They have been falsely implicated.

The petitioner in
Crl.Misc.8518/2023 is a student of 2nd year B.Sc. They
have not done any transaction with the complainant. The
complainant is unknown to them.

The petitioners are
permanent residents of address shown in the cause title.
The respondent police issued a notice for enquiry, they
have got apprehension of arrest. The offences alleged are
not punishable with death or life imprisonment triable by
Magistrate. They are ready and willing to abide by the
conditions and prayed to allow the petitions.
3. The learned Public Prosecutor filed objections
along with report of Investigation Officer in both petitions
separately,
contending
that
the
petitions
are
not
maintainable. From 13.7.2023 to 14.7.2023 from the bank
account of complainant sum of Rs.3,00,230/н has been
withdrawn.

The investigation is pending. There are
chances of having committed the similar offences and
Crl.Misc.No. 8518/2023
& 8570/2023
4
cheated the public, it requires to be investigated and
prayed for dismissal of both petitions.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioners in both
petitions
are
entitled
for
anticipatory bail ?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1: One S.S.Subhash Chandran has filed
a complaint with respondent alleging that he had lost
Rs.3,00,230/н
from
his
account
on
13.7.2023
and
14.7.2023, he has not initiated any transaction. No OTP
has been shared with anyone.

On the basis of said
Crl.Misc.No. 8518/2023
& 8570/2023
5
complaint the respondent police registered the case under
Sections 66(C), 66(D) of Information Act.
8. The petitioners have approached this Court
seeking anticipatory bail on account of notice under
Section 41нA and 97 of CrPC issued by the respondent.
The petitioners are apprehending arrest in non bailable
offences. The name of the petitioners is not forthcoming.
Therefore the alleged role of the petitioners in withdrawing
the amount from the bank account of the complainant
needs investigation. At this stage, there is no prima facie
material to believe that the petitioners have committed the
offences alleged.
9. The petitioners are permanent residents of
address shown in
the cause title.

absconding from the trial is remote.

The
chances
of
The petitioners are
ready and willing to abide by the conditions. The offences
alleged are punishable with less than seven years, triable
by
Magistrate.

petitioners
may
The
not
custodial
be
interrogation
required.

of
the
Considering
the
guidelines of HonТble Apex Court in Satender Kumar
Crl.Misc.No. 8518/2023
& 8570/2023
6
Antil Vs CBI 2022 SCC OnLine SC 825 and facts and
circumstances of the case, nature and gravity of the offence
and accusation levelled against the petitioners, they are
entitled for anticipatory bail.

Accordingly answer point in
the affirmative.
10. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
accused
Ц
filed
by
Abhishek
Crl.Misc.8518/2023
and
Crl.Misc.8570/2023
under
the
petitioner/
Prasad.N.

in
Rakshith.M.

in
Section
438
Cr.P.C. are allowed.
The petitioners are ordered to be released
on anticipatory bail in the event of their
arrest
in
Cr.No.943/2023
registered
by
respondent under Sections 66(C), 66(D) of
Information Technology Act on execution of
personal bond for Rs.50,000/н each with one
surety for the like sum to the satisfaction of
the Investigation Officer subject to following
conditions.

7
Crl.Misc.No. 8518/2023
& 8570/2023
1. The petitioners/accused shall appear before
the IO on or before 16.9.2023 and thereafter
as and when called upon for the purpose of
investigation.
2. The petitioners/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The petitioners/accused shall regularly
appear before the concerned Court as and
when called for.
4. Petitioners/accused shall not commit similar
offences.
If any of the conditions are violated the
prosecution is at liberty to move for cancellation
of bail.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 7th day of September, 2023).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

8
Crl.Misc.No. 8518/2023
& 8570/2023
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/ accused Ц Abhishek
Prasad.N.
in
Crl.Misc.8518/2023
and
Rakshith.M.
in
Crl.Misc.8570/2023
under
Section 438 Cr.P.C. are allowed.
The petitioners are ordered
to be released on anticipatory
bail in the event of their arrest in
Cr.No.943/2023 registered by
respondent
under
Sections
66(C), 66(D) of Information
Technology Act on execution of
personal bond for Rs.50,000/н
each with one surety for the like
sum to the satisfaction of the
Investigation Officer subject to
following conditions.
1. The petitioners/accused shall
appear before the IO on or before
16.9.2023 and thereafter as and
when called upon for the
purpose of investigation.
2. The petitioners/accused shall
not threat the complainant or
prosecution witnesses in any
manner directly or indirectly.
3. The petitioners/accused shall
regularly appear before the
9
Crl.Misc.No. 8518/2023
& 8570/2023
concerned Court as and when
called for.
4. Petitioners/accused shall not
commit similar offences.
If any of the conditions are
violated the prosecution is at
liberty to move for cancellation
of bail.
LXVI Addl.CC & SJ,
Bangalore.

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Crl.Misc.No. 8518/2023
& 8570/2023