KABC010346642022 Presented on : 23-12-2022 Registered on : 23-12-2022 Decided on : 05-01-2023 Duration : 0 years, 0 months, 13 days BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. (CCH67) DATED: This the 5th day of January, 2023 PRESENT Sri. S. NATARAJ., BAL., LLB. LXVI Addl.City Civil & Sessions Judge, Bengaluru Crl.Misc.No.12650 of 2022 Clubbed with Crl.Misc.No.12629/2022 Petitioners in : 1. Srikanth Mandava, Crl.Mis.12650/2022 S/o Mandava Sreemannarayana Rao, Aged about 40 years, R/at BBlock, FF1, Venkat Enclave Apartments, Tikkil Road, Opp: Tagore Rice Mill, Vijayawada (Urban) Venkateshwarapuram Post, Krishna District, Andhra Pradesh 520010. (Accused No.8) 2 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022
2. Duddugunta Srinivas Reddy, S/o Duddugunta Krishna Rao, Aged about 39 years, R/at No.619/23, Kala Nagar, Krishnalanka, Vijayawada Urban, Krishna District, Andhra Pradesh 520 013. (Accused No.9) (By Sri.Shivakumar, Adv.)
Crl.Mis.12629/2022 1. M.Sesha Reddy, Aged about 23 years, S/o Venkateshwara Reddy, R/at No.1369, 2nd Floor, 6th Main, 12th Cross, Nagpur Circle, Rajajinagar, Bengaluru 560 010.
2. Kishore, Aged about 37 lyears, S/o Hanumachari, R/at No.79/28, 5th Main, 12th Cross, Kurubara Halli, JC Nagar, Bengaluru 560 006.
3. Shilpa, Aged about 41 years, W/o narasimha, R/at Block C1, No.101, Jain Heights Apartment, Vignananagara, Near Shell Petrol Bunk, Bengaluru 560 037.
4. Sharada.M. Aged about 39 years, 3 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022
W/o Narayanaswamy, R/at No.33, Ganesha Temple Road, Mahadevapura, Bengaluru 560 048.
5. R.Rajanna, Aged about 48 years, S/o Rangappa, R/at No.46/3, MN Vilas Garden, Vrushabhavathi Nagar, Bengaluru.
6. Suresh Babu, Aged about 30 years, S/o Lakshmaiah, R/at No.1369, 2nd Floor, 6th Main, 4th Cross, Nagapura Circle, Rajajinagar, Bengaluru 560 086. (By Sri.M.Mayur, Adv.)
/Vs/ Respondent in both petitions : State by: Cyber Crime Police Station, Bengaluru. (By Public Prosecutor.) ORDERS ON BAIL APPLICATION FILED UNDER SEC.439 OF Cr.P.C. Both petitions are filed under Section 439 CrPC seeking regular bail in Cr.No.37/2022 registered by the respondent police, for the offences punishable under Sec 4 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 419, 420, 468, 471 IPC, Section 66(c) 6(D) of IT Act 2000, pending on the file of 1st ACMM, Bangalore.
2. The petitioners in Crl.212650/2022 are accused
Nos.8 and 9, the petitioners in Crl.Mis.12629/2022 are accused Nos.2 to 7 in Cr.No.37/2022.
3. Both petitions are arising out of one crime number
hence taken together for common order.
4. Brief facts of the petitioners case in both petitions
are as follows: The petitioners are innocent of the offence alleged. The offences are non bailable but not punishable with death or life imprisonment. Accused Nos.2 to 7 are employees of Venkateshwara Institute, Bengaluru. They are carrying out the instructions of the head of the institution and they have been paid salary every month. The allegations against accused Nos.8 and 9 are frivolous. Accused No.1 was already granted anticipatory bail by this Court. There are no material against accused Nos.8 and 9, their names are not found in the FIR or complaint, they are falsely implicated, they are in judicial custody from the 5 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 date of arrest, nothing is recovered from their possession. The accused Nos.2 to 7 were arrested on 6.12.2022 they were taken police custody of 14 days till 19.12.2022. Nothing is recovered. Accused Nos.4 and 5 are married woman having small children, the offences alleged are not punishable with death or life imprisonment. The continuation of detention of petitioners is not required. They are ready and willing to abide by the conditions and prayed to allow the petitions.
5. Learned Public Prosecutor filed objections
separately with the report of the IO in both petitions. In his objection he has contended that the petitions are not maintainable. The petitioners along with other accused persons established the Institution by name Venkateshwara Institute and advertised in the website as WWW.VSSINSTITUTE.IN offering fake marks cards and degree certificates from the complainant without allowing him to write examination by collecting the amount issued fake certificates, marks cards and cheated the complainant and other public persons. The offences alleged is heinous. 6 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 If the petitioners are granted bail, they may abscond and destroy the evidence and prayed to dismiss the petition.
6. Heard the arguments of both sides and perused
the record.
7. 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 bail ? Point No.2: What Order?
8. 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
9. Point No.1: The allegations in the complaint
alleged by one Sri.Shrenik Jain M, on 30.11.2022 alleging that : (a) He intends to join a Private company, for which he needs qualification and he needs to have a degree, for the said reason while he was searching online to obtain a degree, he found advertisement of Sri. Venkateshwara Institute in their website WWW.VSSINSTITUTE.IN and 7 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 found those who are interested to get marks card and degree certificates for the course of BA, BSC, BBM and other courses, can contact them. b) It is further alleged, after seeing the advertisement the complainant visited the office on 02.11.2022 and he found one lady near the reception counter, on enquiry she disclosed her name as Shilpa. The complainant asked for B.Com degree marks card and certificate and she had answered that it will cost Rs. 1,00,000/ and she will get a degree certificate from a reputed university and collected a sum of Rs.20,000/ and issued a receipt for the same. c) On 03.11.2022 again the complainant was called to office a sum of Rs.10,000/ was collected and issued receipt. On 22.11.2022 Rs.10,000/ has been transferred through phone pay number of Venkateshwara Institute. The said Shilpa has collected Rs.3,000/ towards service charges. When the complainant has asked the Shilpa when he has to come to write examination over phone. She answered that she need not write the examination. They will arrange the marks card and degree certificate. On 26.11.2022 the said Shilpa had sent 1st and 2nd year B.Com marks card. When the complainant asked for final year marks card she told to pay the balance fee and to collect marks card. 8 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 d) It is further alleged that without conducting the examination the marks cards were sent by collecting money for the year 20112012. The petitioner Shilpa and the staff have given advertisement in the website and creating the marks cards and degree certificates of various reputed universities and issued to the students after collecting money and cheated the public and Government. On the basis of said allegations, the respondent police registered the case against the petitioner and other persons.
10. During course of investigation accused No.2, 3, 6
and 7 were arrested on 8.12.2022, accused No.4 and 5 were arrested on 6.12.2022. The report of IO discloses accused Nos.2 to 7 were taken 12 days police custody for the purpose of investigation. On 5.12.2022 the institute was raided, the alleged fake marks cards were seized under mahazar. The report further discloses from the house of accused No.4 the fake marks cards, receipts, seals mobile phones were seized and subjected to PF. The mobile phone of accused No.5 was seized in CCB office at the instance of accused Nos.2 and 6. The mahazars were conducted, place where they printed and prepared fake marks cards. 1285 fake marks cards, 2 CPU, 5 CPU hard disk, 10 mobile 9 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 phones, 76 University seals, signature seals and Venkateshwara Institute seals were seized. In the premises belongs to accused No.8 was also raided by taking search warrant. It appears from the premises of accused No.8 nothing was seized. There are no prima facie allegations against accused Nos.8 and 9.
11. The learned Public Prosecutor submits that the
accused persons have created huge fake marks cards of different Universities collecting amount from the students and issuing fake marks cards and cheated them. The scam is spread to entire State. The investigation is pending. He prayed for dismissal of petitions.
12. The counsel for accused Nos.2 to 7 argued that
the offences are punishable with less than 7 years, most of the investigation is completed. The continuation of detention of accused persons not required, any conditions may be imposed. The learned counsel relied Judgment of Hon’ble Apex Court in (2014) 8 SCC 273 Arnesh Kumar Vs State of Bihar wherein Hon’ble Apex Court issued directions to the police for arrest of the accused persons for 10 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 the offences below 7 years imprisonment and directions to the Court with regard to satisfaction of arrest and remand.
13. Satendra Kumar Antil Vs CBI (2022) 10 SCC
51 wherein the Hon’ble Apex Court has issued directions to investigation agencies and courts and procedure for consideration of bail applications within stipulated period.
14. The learned counsel for accused Nos.8 and 9 has
argued that the investigation agency has invoked the IPC offences as well as Information Technology Act offences simultaneously it is double jeopardy, he relied a judgment of High Court of Bombay 2018 Supreme (Bombay) 1755 the allegations in the said case attracting Section 43 of Information Technology Act the simultaneously invoking IPC offences and Information Technology Act is not permissible. However, in the present case there is no specific allegations in the complaint attracting Section 43 of Information Technology Act.
15. The learned counsel has relied a judgment
Sanjay Chandra Vs CBI (2012) 1 SCC 40 in para 21 of the Judgment has held that: 'The object of bail is to secure the 11 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 appearance of accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. The deprivation of liberty must be considered a punishment unless it is required to ensure that an accused person will stand his trial when called upon.'
16. Considering the above said judgments. In the
instant case, after arrest of accused persons 12 days police custody was taken, their instance the alleged fake marks cards, seals, mobile phones, hard disk, CPU were seized. The place where the marks cards were printed the mahazars were conducted. Under the circumstances keeping the accused in detention may not helpful to the prosecution. The offences alleged are not punishable with death or life imprisonment. On the other hand the offences are punishable with less than 7 years punishment. Accused Nos.4 and 5 are woman, it appears accused Nos.2 to 7 are employees of alleged Venkateshwara Institute of Technology. Whether the accused persons in conspiracy had created documents, collected amount and cheated the public and institutions is a matter decided during trial. 12 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 They cannot be detained as a pretrial punishment. Securing the presence of accused during trial is to be looked into. The accused persons have undertaken to appear before the Court and abide by the conditions. They have produced copies of Aadhar cards. Thus, by looking to the nature and gravity of offence and accusation leveled against the petitioners, they are entitled for bail with conditions. Accordingly answer point No.1 in affirmative.
17. POINT No.2: In view of findings given on point
No.1, this Court pass the following order.
ORDER
The petitions filed by the petitioners under Section 439 Cr.P.C. in Crl.Mis.12650/2022 c/w Crl.Mis.12629/2022 are allowed. The The petitioners/accused Nos.2 to 9 are ordered to be released on bail in Crl.No.37/2022registered by the respondent police under Sections 419, 420, 468, 471 IPC 66(c) 66(D) of IT Act 2000 pending on the file of I Addl.CMM, Bengaluru on executing personal bond for Rs.2,00,000/ each with two sureties for likesum to the satisfaction of committal court on following conditions. 13 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022
1. The petitioners/accused Nos.2 to 9 shall not leave Bangalore city without prior
permission of I ACMM, Bengaluru.
2. The petitioners/accused Nos.2, 3, 6 to 9
shall mark their attendance before respondent police once in 15 days preferably on Sunday between 10:00 a.m. to 5:00 p.m. till filing of charge sheet.
3. The petitioners/accused shall cooperate with investigation agency in the investigation
of the case.
4. The petitioners/accused shall not repeat
the similar offences.
5. The petitioners/accused shall not threaten
complainant and prosecution witnesses and tamper with prosecution evidence in any manner directly or indirectly.
6. The petitioners/accused shall regularly
appear before the concerned court without absconding. Keep the original of this order in Crl.Mis.12650/2022 and copy in Crl.Mis.No.12629/2022. (Dictated to the Judgment Writer directly on computer, corrected by me and then pronounced in the open Court on this the 5th day of January, 2023). (S. NATARAJ), LXVI Addl.CC & SJ, Bangalore. 14 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022 The Order is pronounced in the open Court (vide separate Order).
ORDER
The petitions filed by the petitioners under Section 439 of Cr.P.C in Crl.Mis.12650/2022 c/w Crl.Mis.12629/2022 are allowed. The petitioners/accused Nos.2 to 9 are ordered to be released on bail in Crl.No.37/2022registered by the respondent police under Sections 419, 420, 468, 471 IPC 66(c) 66(D) of IT Act 2000 pending on the file of I Addl.CMM, Bengaluru on executing personal bond for Rs.2,00,000/ each with two sureties for likesum to the satisfaction of committal court on following conditions.
1. The petitioners/accused Nos.2 to 9 shall not leave Bangalore city without prior permission of I ACMM, Bengaluru.
2. The petitioners/accused Nos.2, 3, 6 to 9 shall mark their attendance before respondent police once in 15 days preferably 15 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022
on Sunday between 10:00 a.m. to 5:00 p.m. till filing of charge sheet.
3. The petitioners/accused shall cooperate with investigation agency in the investigation of the case.
4. The petitioners/accused shall not repeat the similar offences.
5. The petitioners/accused shall not threaten complainant and prosecution witnesses and tamper with prosecution evidence in any manner directly or indirectly.
6. The petitioners/accused shall regularly appear before the concerned court without absconding.
Keep the original of this order in Crl.Mis.12650/2022 and copy in Crl.Mis.No.12629/2022. LXVI Addl.CC & SJ, Bangalore. 16 Crl.Misc.No.12650/2022 & Crl.Misc.No.12629/2022