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Crl.Misc.No.8164/2023
KABC010224992023
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 30TH DAY OF AUGUST 2023
Crl.Misc. No.8164 / 2023
PETITONER/S:
ALWYN CLINTON DSOUZA
S/O SHETTY D’SOUZA
AGD ABOUT 26 YEARS,
R/AT NO 1-S-26-2178-4 SHALOM
LOGLINE, HOIGE BAIL VYCMANGALORE CITY,
DAKSHINA KANNADA Ц 575 006.
(By Sri.A.S.P., Adv.)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY NORTH EAST DIVISION,
CEN POLICE STATION, BENGALURU,
(By Public Prosecutor)
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Crl.Misc.No.8164/2023
ORDER
The petitioner
has
filed this petition under Section
438 of Cr.P.C. seeking for anticipatory bail.
2.

On the complaint filed by Smt.Komalashree B.N. W/o
Jackson P.J. a case is registered against the petitioner at the
respondent police station in Cr.No.698/2023 for offence
punishable u/Ss. 66(D) of Information Technology Act, 2008
and Ss. 419, 420 of IPC.

3.

The case of the prosecution in brief is that, the
complainant is having her bank account in ICICI Bank and
HDFC bank.

On 29.05.2023, an unknown person sent a
message to the complainant from his mobile No.916361260012 stating that job is available. He had
also
informed that, if you have invest the amount you will get
more benefit. Then he added the complainant in Telegram
group.

He
gave
task
of
subscribing
YouTube
links.

Subsequently, the complainant completed the task. But
during this time, the unknown person got deposited
Rs.20,06,250/- from the complainant and subsequently
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Crl.Misc.No.8164/2023
cheated the complainant.

Hence, she filed the aforesaid
complaint.
4.

Now this petitioner is contending that he is innocent
person and not committed any offence. This petitioner
himself is a victim of an offence and his bank account is
hacked on 30.05.2023 and hence, he has filed complaint
before the CEN Crime Police Station Mangalore. He is
permanent resident of the address mentioned in the cause
title. He is the sole bread earner of his family .He is doing
his business in his Studio.
investigation.

Earlier
by
He is ready to face the
mistake
he
had
filed
Crl.

Misc.No.7205/2023 by making West Division of CEN Crime
police Station as respondent. Hence, prayed to allow the
petition.
5.

Learned
Public
Prosecutor
has
contested
this
application by filing detailed objections by reiterating the
case of the prosecution and further contended that there is
prima facie case against the petitioner. If he is enlarged on
bail he may tamper with prosecution witnesses.

He may
abscond. Hence, prayed to reject the bail application.
6.

Heard arguments and perused the records.

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Crl.Misc.No.8164/2023
7.

Now the point for consideration is as follows.
УWhether the petitioner / accused has made out
sufficient grounds to grant anticipatory bail by
resorting to special powers vested in this Court under
Section 438 of Cr.P.C.?Ф
8.

On the basis of the materials available on record my
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. The alleged offences are not punishable with death
or imprisonment for life. There is no criminal antecedents.
It is not in dispute that this petitioner is the permanent
resident of the address mentioned in the cause title. He is
ready to face the investigation. According to this petitioner
he himself filed a complaint on 30.05.2023 before the CEN
Crime police station, Mangalore by stating that his bank
account is hacked. He has produced acknowledgement
issued
by
the
CEN
Crime
Police
Staton,
Mangalore.

Reasonable conditions will meet the apprehension of the
prosecution. Considering all these aspects, in my opinion,
the petitioner is entitled for an order of anticipatory bail.

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Crl.Misc.No.8164/2023
Hence,
the
aforesaid
point
is
answered
in
the
AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioner / accused under
Section 438 of Cr.P.C. is hereby allowed.
In
the
event
of
arrest
of
this
petitioner
in
Cr.No.698/2023 of respondent police he shall be enlarged
on bail by accepting personal bond in a sum of Rs.50,000/with one surety for likesum, on the following conditions.
1.

The petitioner / accused shall appear before the
Investigating officer within 10 days from the date of
this order.

2.

He shall not tamper with prosecution witnesses in
any manner.

3.

He shall co-operate with Investigating Officer as and
when called for investigation.

4.

He shall not involve in any criminal activities.

5.

He shall attend the court, regularly, on all the dates
of hearing, without fail.

(Dictated to the Judgment Writer, transcribed by him and
then corrected by me and then pronounced in the open
court on this the 30th day of AUGUST 2023.)

SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
NARAYAN
HEGDE
Date:
2023.08.30
17:21:01
+0530
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)