Case Note & Summary
The petitioner, Karan Singh, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.10044/2019 registered at the Cyber Crime Police Station, Bengaluru, for offences punishable under Sections 419 (cheating by personation) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code, 1860 (IPC) and Sections 66(C) (identity theft) and 66(D) (cheating by personation using computer resource) of the Information Technology Act, 2000 (IT Act). The complaint was lodged on 14.12.2019 by respondent No.1, Jagath Devaiah M.M., alleging that the petitioner had committed cyber fraud. The petitioner was arrested and remanded to judicial custody on 25.12.2019. He had previously filed a bail application before the learned LXIX Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc.No.556/2020, which was dismissed. The petitioner then approached the High Court. The court noted that the petitioner had been in judicial custody since 25.12.2019, the investigation was completed, and the charge sheet had been filed. The court also observed that the petitioner had no criminal antecedents. Considering these factors, the court held that the petitioner was entitled to bail, subject to conditions to ensure his presence during trial and to prevent tampering with evidence. The petition was allowed, and the petitioner was ordered to be released on bail upon executing a personal bond of Rs.1,00,000 with two sureties, and on conditions including appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Petitioner in judicial custody since 25.12.2019 for offences under Sections 419, 420 IPC and Sections 66(C), 66(D) IT Act - Investigation completed, charge sheet filed - No criminal antecedents - Court granted bail on conditions to secure presence and prevent tampering of evidence (Paras 1-6).
Issue of Consideration
Whether the petitioner accused of offences under Sections 419, 420 IPC and Sections 66(C), 66(D) of IT Act, 2000 should be granted bail under Section 439 CrPC.
Final Decision
Petition allowed. Petitioner ordered to be released on bail on executing a personal bond of Rs.1,00,000 with two sureties. Conditions: appear before court regularly, not tamper with evidence, not leave jurisdiction without permission.
Law Points
- Bail
- Section 439 CrPC
- Section 419 IPC
- Section 420 IPC
- Section 66(C) IT Act
- Section 66(D) IT Act
- Judicial Custody
- Investigation
- Trial
