Case Note & Summary
The petitioner, Avinash, accused No.2 in Crime No.794/2024 registered by South East CEN Crime Police Station, Bengaluru City, filed a criminal petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail. The FIR was registered on 24.08.2024 based on a complaint by Ms. Manthalir N, daughter of Keshav Singh K, against unknown persons for offences punishable under Sections 318(4) (cheating by personation by using computer resource), 319(2) (cheating by personation) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) (cheating by personation by using computer resource) of the Information Technology Act, 2000 (IT Act). During investigation, the petitioner was arrested and remanded to judicial custody. The petitioner's bail application before the Sessions Court (Crl.Misc.No.264/2025) was rejected on 21.01.2025. Hence, the petitioner approached the High Court. The High Court heard learned counsel for the petitioner and the Additional SPP for the respondent-State. The Court noted that the investigation was completed and charge sheet had been filed. Considering that the custodial interrogation of the petitioner was not required and that the petitioner was a permanent resident of Goa, the Court allowed the petition and granted regular bail to the petitioner subject to conditions including executing a personal bond of Rs.1,00,000 with one surety, appearing before the Investigating Officer as and when required, not tampering with prosecution witnesses, and not leaving the jurisdiction of the trial court without prior permission.
Headnote
A) Criminal Procedure - Bail - Regular Bail - Section 483 BNSS, 2023 - Petitioner/accused No.2 sought regular bail in Crime No.794/2024 for offences under Sections 318(4), 319(2) BNS and 66(D) IT Act - Court considered that investigation was completed, charge sheet filed, and custodial interrogation was not required - Held that petitioner is entitled to bail subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner/accused No.2 is entitled to regular bail in Crime No.794/2024 for offences under Sections 318(4), 319(2) of BNS, 2023 and 66(D) of IT Act, 2000.
Final Decision
The petition is allowed. The petitioner/accused No.2 is ordered to be released on regular bail in Crime No.794/2024 of South East CEN Crime Police Station, Bengaluru City, pending on the file of 45th ACJM Court, Bengaluru, subject to executing a personal bond of Rs.1,00,000 with one surety for the likesum to the satisfaction of the trial court. The petitioner shall appear before the Investigating Officer as and when required, shall not tamper with prosecution witnesses, and shall not leave the jurisdiction of the trial court without prior permission.
Law Points
- Bail
- Regular bail
- Section 483 BNSS
- Section 439 CrPC
- Section 66(D) IT Act
- Section 318(4) BNS
- Section 319(2) BNS
- Section 113(3) BNS
- Section 113(4) BNS
- Prima facie case
- Investigation
- Custodial interrogation
- Conditions of bail
