In a development highlighting the complex nature of financial cyber crimes, the LV Additional City Civil and Sessions Judge in Bengaluru granted anticipatory bail to an individual accused in a high-value job-scam-related fraud case. The court’s decision, delivered on August 30, 2023, hinged on the fact that the petitioner, Alwyn Clinton Dsouza, had himself filed a police complaint about his bank account being hacked just a day after the alleged fraudulent transactions took place.

The petitioner, a 26-year-old resident of Mangalore, was facing charges under Section 66(D) of the Information Technology Act, 2008, which deals with cheating by personation by using any communication device or computer resource, and Sections 419 (Cheating by Personation) and 420 (Cheating) of the Indian Penal Code (IPC).

The Allegations: A Sophisticated Online Job Scam

The case, registered as Cr. No. 698/2023 at the CEN Police Station, North East Division, Bengaluru, was initiated based on a complaint filed by Smt. Komalashree B.N.

According to the prosecution’s brief, on May 29, 2023, the complainant received a message from an unknown mobile number offering a job opportunity with promises of “more benefit” upon investment. The complainant was subsequently added to a Telegram group and assigned tasks, such as subscribing to YouTube links. In the course of completing these tasks and interacting with the unknown fraudsters, the complainant was induced to deposit a substantial sum of Rs. 20,06,250/-. The money was ultimately lost, leading the complainant to file the police report alleging that she had been cheated.

The investigating agency identified Alwyn Clinton Dsouza, through banking transactions or other means, as a suspect in this massive cyber fraud, leading to his apprehension risk and the subsequent application for anticipatory bail.

The Petitioner’s Defence: A Victim of Hacking

Alwyn Clinton Dsouza, represented by his counsel, sought relief under Section 438 of the Cr.P.C., vehemently denying the charges. His primary defence was a crucial and timely piece of evidence: he claimed he was not a perpetrator but a victim himself.

The petitioner contended that his bank account was hacked on May 30, 2023, just one day after the complainant started receiving the fraudulent messages. To substantiate this claim, he produced an acknowledgement of a complaint he had filed before the CEN Crime Police Station, Mangalore. He asserted that he is an innocent, law-abiding citizen, the sole bread earner for his family, and runs his own studio business.

Furthermore, he assured the court that he is a permanent resident of the address provided and is ready to cooperate fully with the investigation. He also explained a previous technical error in his first bail petition, which had mistakenly named the wrong police division as the respondent.

Court’s Reasoning for Granting Bail

The prosecution, represented by the Public Prosecutor, opposed the bail application, arguing that there was a prima facie case against the petitioner, and that releasing him would lead to the tampering of witnesses or his abscondence.

However, the LV Addl. City Civil and Sessions Judge, Sri. Shriram Narayan Hegde, after hearing arguments and scrutinizing the records, found in favor of the petitioner.

The court noted that the alleged offences, while serious, are not punishable with death or imprisonment for life. Crucially, the court gave weight to the petitioner’s action of filing his own complaint about the hacking of his bank account on May 30, 2023, which suggests a possibility of his innocence or that his account was unwittingly used by the actual cyber criminals. The court deemed this a reasonable factor in his favour.

Considering the absence of criminal antecedents and the petitioner’s willingness to face the investigation, the court concluded that imposing reasonable conditions would suffice to meet the prosecution’s concerns regarding tampering and abscondence.

Conditions for Release

In the final order, the court granted the anticipatory bail, directing that in the event of his arrest in Cr.No.698/2023, Alwyn Clinton Dsouza shall be released on bail upon furnishing a personal bond of Rs. 50,000/- with one surety for a like sum.

The bail is subject to several conditions, which include:

• The petitioner must appear before the Investigating Officer within 10 days from the date of the order.
• He shall co-operate with the Investigating Officer as and when called for investigation.
• He is strictly barred from tampering with prosecution witnesses in any manner.
• He shall not involve himself in any criminal activities.
• He must attend the court regularly on all dates of hearing.

This judgment underscores the judiciary’s careful consideration of individual circumstances, even in complex financial crime cases, and the application of the principle of presumption of innocence until guilt is proven. The case may now proceed to a deeper investigation to ascertain whether Dsouza was complicit in the fraud or genuinely a victim whose financial accounts were co-opted by the true perpetrators of the sophisticated job scam.