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SREENIVAS HARISH KUMAR
Aluka Sandra Orewa @ Benny – Appellant
Versus
State of Karnataka by CEN Crime Police Station – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Sri. Hasmath Pasha, Senior Advocate for Sri Nasir Ali, Advocate
For the Respondent: Sri. B.J. Rohith, HCGP

ORDER

Sreenivas Harish Kumar, J.—This is a petition under section 439 Cr.P.C. Initially the respondent police registered an FIR in Cr.No.49/2020 for the offences under Sections 66C and 66D of the Information Technology Act (for short referred to as ‘I.T Act’) and Section 420 of Indian Penal Code (for short referred to as ‘IPC’). In the charge sheet, the respondent invoked the offences punishable under Sections 66(C) and 66(D) of I.T. Act only.

2. The background is :

On 25.2.2020, a woman by name Pavithra D, made a report to the respondent police that in between 21.58 and 22.05 hours on 24.2.2020, she received messages to her mobile phone about withdrawal of Rs.10,000/- nine times from her bank account. Having found totally an amount of Rs.90,000/- being withdrawn from her bank account, she went to the bank on 25.2.2020 and made an enquiry. She learnt that an amount of Rs.90,000/- had been withdrawn from her bank account at an ATM counter by somebody.

3. The Sessions Court rejected the bail application of the petitioner mainly on the ground that the offence under Section 420 of IPC is non bailable and that the petitioner is found to have involved in as many as 60 similar offenc

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