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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7259 OF 2021
C/W
CRIMINAL PETITION NO.8244 OF 2021
IN CRIMINAL PETITION NO.7259 OF 2021:
BETWEEN
1 . MR GODWIN JINTO JOY
AGED ABOUT 37 YEARS
S/O. K T JOY MAZID,
R/AT KARIPAI HOUSE,
MODIKARANDI POST,
CHALLKANI, TRISUL,
KERALA - 671 323.
2 . MR. DINESH SINGH RAVATH
AGED ABOUT 44 YEARS
S/O. S H UTTAMSINGH
R/AT NO.2087,
NEAR RAILWAY TRACK
PREM NAGAR,
DELHI - 110 086
3 . MR. ABDUL MAJEED
AGED ABOUT 27 YEARS
R/AT MEEPUGURI POST,
KUDLU,
KASARGOD DISTRICT,
KERALA - 671 121
4 . MR. AJMAL T K
AGED ABOUT 27 YEARS
R
2
S/O IBRAHIM
R/AT AYUSH MANALI
VIDHYANAGAR
KASARGOD
KERALA - 671 124.
5 . MR. RAHUL T S
AGED ABOUT 24 YEARS
S/O SATHISH
R/AT TEKKAVIL VEEDU,
PACHACHEKADI POST,
YADATHVA,
ALGUR DISTRICT,
KERALA - 680 683.
... PETITIONERS
(BY SRI VIKRAM RAJ A., ADVOCATE FOR
SMT NIVEDITHA SHETTY, ADVOCATE)
AND
1 .
THE STATE OF KARNATAKA
THROUGH THE SUB INSPECTOR OF POLICE,
CYBER CRIME POLICE STATION,
MANGALURU,
DAKSHINA KANNADA,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU
2 .
DR. VIJAYA
AGED ABOUT 49 YEARS
W/O. DR. UDAYA NAYAK,
R/AT ASTORIA APARTMENT,
FLAT NO. 202,
NEAR BALMATA POST OFFICE,
MANGALURU - 575 002
3 .
CAROLINA MARRIA PIAS
AGED ABOUT 48 YEARS
W/O. TIMTON COELHO,
R/AT NO. 2-21-1642,
3
SHANTHI, URWA,
MANGALURU - 575 006
4 .
KARUNAKARA PAI
AGED ABOUT 62 YEARS
S/O. C KRISHNA PAI,
R/O. 401, SAI RESIDENCY
CHILIMBI,
MANGALURU - 575 003
5 .
PRAKASH BHANDARY BANTWAL
AGED ABOUT 54 YEARS
S/O. L VENKATESH BHANDARY,
R/AT ANUGRAHA, 1-25-21-23/1,
LONG LANE, URWA,
MANGALURU - 575 006
6 .
FELSI LEENA FERNANDES
AGED ABOUT 55 YEARS
W/O. JARALD ANTONY FERNANDES,
R/AT 1-9-539/2, CHRIST JEWELLERY,
BEHIND GOVERNMENT QUARTERS,
URWA STORE
MANGALURU - 575 003
7 .
RATHNAKAR M SUVARNA
AGED ABOUT 71 YEARS
S/O. LATE MANJAPPA,
R/AT MATHASHRI, 7-24-6K/1,
7TH BLOCK, KRISHNAPURA ,
SURTHKAL, MANGALURU - 575 014
8 .
MRS. CELIENA RODRIGUS
AGED ABOUT 65 YEARS
W/O. L. BASIL LOBO,
R/AT 2-7-520/13M,
CHILIMBI HILL BEJAI POST,
MANGALURU - 575 006
9 .
MR. ARTHUR EP PINTO
AGED ABOUT 82 YEARS
4
S/O. L ANTONY PINTO,
R/AT OPPOSITE TO URVA CHURCH,
LADY HILL,
MANGALURU - 575 003
10 . N. RAJENDRAN
AGED ABOUT 54 YEARS
S/O. LATE NARAYANAN,
MANAGAR (TECHNICAL) PREMISES AND ESTATE
SECTION,
CIRCLE OFFICE CANARA BANK MANGALURU,
R/AT FLAT NO. A10/5TH FLOOR,
CANARA BANK QUARTERS,
HILL SIDE APARTMENT,
CHILIMBI, LADY HILL,
MANGALURU - 575 011.
11 . PRAMOD KUMAR
AGED ABOUT 62 YEARS
S/O. DEVENDRA DEVADIGA,
R/AT NO 4-152/12, DEVANUGRAHA,
ANAND NAGARA, 2ND CROSS,
GOLLRABETTU, AKASHABHAVANA,
KAVOORU POST,
MANGALURU - 575 005
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED
15.12.2021)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN a) C.C.NO.1101/2021 OF CYBER POLICE STATION
PENDING ON THE FILE OF J.M.F.C. (VII COURT), MANGALURU,
AND
b)
C.C.NO.1117/2021
OF
CYBER
POLICE
STATION
PENDING ON THE FILE OF J.M.F.C. (VII COURT), MANGALURU
AND
c)
C.C.NO.1121/2021
OF
CYBER
POLICE
STATION
PENDING ON THE FILE OF J.M.F.C. (VII COURT), MANGALURU
AND
d)
C.C.NO.1123/2021
OF
CYBER
POLICE
STATION
PENDING ON THE FILE OF J.M.F.C. (VII COURT), MANGALURU
AND
e)
C.C.NO.1115/2021
OF
CYBER
POLICE STATION
5
PENDING ON THE FILE OF J.M.F.C. (VII COURT), MANGALURU
AND f) C.C.NO.1125/2021 OF CYBER POLICE STATION PENDING
ON THE FILE OF J.M.F.C. (VII COURT), MANGALURU AND g)
C.C.NO.1118/2021 OF CYBER POLICE STATION PENDING ON
THE FILE OF J.M.F.C. (VII COURT), MANGALURU AND h)
C.C.NO.1122/2021 OF CYBER POLICE STATION PENDING ON
THE FILE OF J.M.F.C. (VII COURT), MANGALURU AND i)
C.C.NO.1103/2021 OF CYBER POLICE STATION PENDING ON
THE FILE OF J.M.F.C. (VII COURT), MANGALURU AND j)
C.C.NO.1110/2021 OF CYBER POLICE STATION PENDING ON
THE FILE OF J.M.F.C. (VII COURT), MANGALURU AND k)
C.C.NO.1112/2021 OF CYBER POLICE STATION PENDING ON
THE FILE OF J.M.F.C. (VII COURT), MANGALURU AND CLUBBED
TOGETHER AND TRIED AT ONE TRIAL.
IN CRIMINAL PETITION NO.8244 OF 2021:
BETWEEN
1 . MR GODWIN JINTO JOY
AGED ABOUT 37 YEARS
S/O. K T JOY MAZID,
R/AT KARIPAI HOUSE,
MODIKARANDI POST,
CHALLKANI, TRISUL,
KERALA - 671 323.
2 . MR. DINESH SINGH RAVATH
AGED ABOUT 44 YEARS
S/O. S H UTTAMSINGH
R/AT NO.2087,
NEAR RAILWAY TRACK
PREM NAGAR,
DELHI - 110 086
3 . MR. AJMAL T K
AGED ABOUT 27 YEARS
S/O IBRAHIM
R/AT AYUSH MANALI
VIDHYANAGAR
KASARGOD
KERALA - 671 124.
6
4 . MR. ABDUL MAJEED
AGED ABOUT 27 YEARS
R/AT MEEPUGURI POST,
KUDLU,
KASARGOD DISTRICT,
KERALA - 671 121
5 . MR. RAHUL T S
AGED ABOUT 24 YEARS
S/O SATHISH
R/AT TEKKAKAVIL VEEDU,
PACHACHEKEDI POST,
YADATHVA,
ALGUR DISTRICT,
KERALA - 680 683.
... PETITIONERS
(BY SRI VIKRAM RAJ A., ADVOCATE FOR
SMT NIVEDITHA SHETTY, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
THROUGH THE SUB INSPECTOR OF POLICE,
CYBER CRIME POLICE STATION,
MANGALURU,
DAKSHINA KANNADA 575 001,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001
2 .
YASHAVANTHA
AGED 41 YEARS
S/O K MAHABALA DEVADIGA
NO.9-144 NEKKAREMAR
GORIGUDDE, KANKANADY
MANGALURU-575002.
3 .
JANET D SOUZA
AGED 54 YEARS
W/O JOSEPH D SOUZA
GILBERT VILLA
7
HOLY HILL ROAD
MAROL I, KULASHEKARA POST
MANGALURU-575005.
4 .
VASANTHA K
AGED 35 YEARS
S/O K LINGAPPANNA MOLLY'S
2-19/2, EKKURU
JEPPINAMOGERU HOIGEBAZAR
MANGALURU-575007.
5 .
PURUSHOTTAM SALIAN
AGED 50 YEARS
S/O CHANDRASHEKR
R/AT KRISHNA PANDIT COMPOUND
GUDDE TOTA NAGURI
MANGALURU-575002.
6 .
BHASKAR SHETTY
S/O L SANJEEVA SHETTY
AGED 50 YEARS
R/AT 2-189, ARKULA TUPPEKALLU
MANGALURU-574143.
7 .
JOSLEN LASRADO
AGED 38 YEARS
S/O JEROME LASRADO
R/AT FLAT NO.208 FORTUMA
KARUMA BUILDING
NEAR ALAPE, NAGURI
MANGALURU-575002.
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED
15.12.2021)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO A. ISSUE
APPROPRIATE ORDERS/DIRECTIONS CLUBBING THE CRIMINAL
CASE IN C.C.NO.1116/2021 OF CYBER POLICE STATION
PENDING ON THE FILE OF THE VII-JMFC, MANGALURU AND
8
C.C.NO.1109/2021 OF CYBER POLICE STATION PENDING ON
THE
FILE
OF
THE
VII-JMFC,
MANGALURU
AND
C.C.NO.1111/2021 OF CYBER P.S., PENDING ON THE FILE OF
THE VII-JMFC, MANGALURU AND C.C.NO.1124/2021 OF CYBER
P.S., PENDING ON THE FILE OF THE VII-JMFC, MANGALURU
AND C.C.NO.1119/2021 OF CYBER P.S., PENDING ON THE FILE
OF THE VII-JMFC, MANGALURU AND C.C.NO.1114/2021 OF
CYBER P.S., PENDING ON THE FILE OF THE VII-JMFC,
MANGALURU AND CONSEQUENTLY DIRECT THE TRIAL COURT
IN THE ABOVE CASES TO HOLD TRIAL OF ALL THE ABOVE
CASES
TOGETHER.
B.
ISSUE
APPROPRIATE
ORDERS/
DIRECTIONS DISCHARGING THE PETITIONERS FROM THE
OFFENCES UNDER SECTIONS 419, 420 OF IPC IN ALL THE
ABOVE CASES PENDING ON THE FILE OF THE VII JMC,
MANGALURU.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 23.02.2022 THROUGH VIDEO
CONFERENCING THIS DAY, THE COURT PRONOUNCED THE
FOLLOWING:
Crl.P. No.7259/2021 is filed by the petitioner
accused Nos.1 to 5 under Section 482 of Cr.P.C. directing
the JMFC (VII Court), Mangaluru, to club eleven criminal
cases in C.C. Nos.228/2021 of cyber police station pending
on the file of II Additional Senior Civil Judge and CJM at
Mangaluru,
C.C.No.1117/2021,
C.C.No.1121/2021,
C.C.No.1123/2021, C.C.No.1115/2021, C.C.No.1125/2021,
C.C.No.1118/2021, C.C.No.1122/2021, C.C.No.1103/2021,
C.C.No.1110/2021 and C.C.No.1112/2021 of cyber police
9
station pending on the file of J.M.F.C. (VII Court),
Mangaluru, and conduct a single trial.
2. Crl.P. No.8242/2021 is filed by the same accused
Nos.1 to 5 under section 482 of Cr.P.C directing the trial
Court to club six criminal cases and conduct a joint trial in
C.C.
No.1116/2021,
C.C.No.1109/2021,
C.C.
No.1111/2021, C.C.NO.1124/2021, C.C. NO.1119/2021,
C.C.NO.1114/2021, all are of Cyber P.S., pending on the
file of the VII-JMFC, Mangaluru and consequently, direct
the trial Court in the above cases to hold trial of all the
above cases together.
3. Heard the arguments of learned counsel for the
petitioners and learned High Court Government Pleader for
the respondent-State.
4. The case of the prosecution is that the accused
persons said to have committed cheating for the offences
punishable under Sections 417, 419 and 420 of IPC and
10
under Sections 66(D) and 66(C) of the Information
Technology Act, 2008 (hereinafter referred to as 'IT Act'
for short). It is alleged in all the cases filed by the
complainants that they are having accounts at State Bank
of India and they withdrew some money from ATM of
Canara Bank at Balmat and later, they came to know that
more money has been withdrawn from their respective
accounts. After registering the case, the police arrested
the present petitioners-accused Nos.1 to 5. There were
eleven cases registered against the petitioners for the
offences committed on the particular day and other six
cases registered against them for committing the similar
offence on the next day. There were individual complaints
filed by the account holders and therefore, the police have
filed individual charge sheet in all the cases against the
same petitioners-accused persons.
5. Learned counsel for the petitioners contended
that the offence committed in the same transaction by
using the skimming machine and it was taken place on
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31.11.2020 and in other cases, on 01.12.2021. Therefore,
by creating ATM card, withdrawn the money by using
skimming machine, which amounts to one offence and one
conspiracy. There may be different victims for a single
offence. Therefore, all these cases shall be tried as single
offence as per Section 220 of Cr.P.C. and also there shall
be joint trial in all the cases and accordingly, prayed for
allowing the petitions.
6. Learned High Court Government Pleader objected
the petitions and contended that there are number of
complaints, who are all victims. Therefore, as per section
219 of Cr.P.C., three cases can be tried together as one
trial. He has contended that all the cases cannot be
clubbed together in conducting one trial and hence, prayed
for dismissing the petitions.
7. Having heard the arguments of learned counsel
for the petitioners and learned High Court Government
Pleader for the State and upon perusal of the records,
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before going to the case of the petitioners, it is worth to
mention Section 220 of Cr.P.C., which is as under:
Section 220: Trial for more than one offence -
(1) If, in one series of acts so connected
together as to form the same transaction,
more offences than one are committed by the
same person, he may be charged with and
tried at one trial for, every such offence.
(2) When a person charged with one or more
offences
of
criminal
breach
of
trust
or
dishonest misappropriation of property as
provided in sub-section (2) of section 212 or in
sub-section (1) of section 219, is accused of
committing, for the purpose of facilitating or
concealing the commission
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