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RAJENDRA BADAMIKAR
Chandradhara. S. R. – Appellant
Versus
State of Karnataka – Respondent
ORDER
Rajendra Badamikar, J.
These petitions are filed by petitioner/accused Nos.3 & 5 for enlarging them on anticipatory bail in the event of their arrest in Cr.No.1/2024 registered by cyber crime Police Station for the offences punishable under Sections 343, 344, 409, 426, 34, 36, 37, 201 and 204 of IPC and Sections 66 and 84C of the Information Technology Act, 2000.
2. The Criminal Petition No.2535/2024 is filed by Accused No.3, while Criminal Petition No.2146/2024 is filed by Accused No.5 in Crime No.1/2024 of Cyber Crime Police Station at Bengaluru, for the above noted offences.
3. On the basis of complaint lodged by Sri. K. Ravishankar, who was the Investigating Officer in Cr.No.153/2020 of Cottonpet Police Station and Cr.No.91/2020 of K.G. Nagar Police Station, the present case in Cr.No.1/2024 was registered.
4. The allegations of the prosecution disclose that, the petitioners being Investigating Officers along with other accused colluded in order to have unlawful gain and have also caused destruction of evidence in order to screen themselves from legal consequences. It is alleged that they have hatched criminal conspiracy and thereby keeping the accused by name Sriki and Robin
The court dismissed anticipatory bail petitions due to the serious nature of allegations against the petitioner, emphasizing the need for custodial interrogation and the risk of witness tampering.
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
The court established that bail may be granted when the petitioners show no substantial involvement in the crime, have no criminal antecedents, and stringent conditions can mitigate risks of flight o....
The registration of multiple FIRs concerning the same incident is barred unless initiated by the court involved in the first FIR, ensuring adherence to procedural safeguards in criminal justice.
Anticipatory bail under the Prevention of Money Laundering Act requires demonstration of reasonable innocence and lack of likelihood to reoffend; both criteria unmet, justifying denial of bail.
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