This petition is filed by the petitioner/accused

No.3 under Section 439 of Cr.P.C. for granting

regular bail in Crime No.6/2021 registered by CEN

Crime Police Station, Mangalore for the offences

punishable under Sections 419 and 420 of IPC and

Sections

66(C)

and

66(D)

of

Information

Technology Act, 2008 (hereinafter referred to as

the 8IT Act9 for short).

2. Heard

the learned counsel for the

petitioner and the learned High Court Government

Pleader appearing for the respondent-State.

3. The case of the prosecution is that on

the complaint of one Alexander the police have

registered a case on 09.09.2021. It was alleged

that after the complainant surrendered his credit

card to the banker, an amount of Rs.1,48,500/-

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was debited from his account to the account of

accused No.1 and this petitioner and accused No.2

put the message to the accused No.1 for getting the

amount transferred to him. After registration of the

case, police said to have arrested accused Nos. 1

and 2 and this petitioner on 12.11.2021. He was in

judicial custody and his bail petition came to be

rejected. Hence, he is before this Court.

4.

Having heard the arguments of learned

counsel for the petitioner as well as the State and

the materials on record, it reveals that accused

Nos. 1 to 3 said to be indulged in transfer of the

amounts by giving some fake messages and

swiping the card of the complainant after his

surrendering the same before the banker. Initially

accused No.1 got transferred

an amount of

Rs.1,12,000/- and it is also came to light, he also

committed the same crime by swiping the account

of the complainant for Rs.1,48,500/-. The said

amount already said to be kept in Fixed Deposit by

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the police and accused Nos. 1 and 2 have been

granted bail by a Co-ordinate Bench of this Court in

Criminal Petition No.3239/2022 dated 01.06.2022.

This petitioner is also standing on the same footing.

Now investigation is completed and the charge

sheet has been filed. The petitioner was in judicial

custody

for

almost

10

months.

Therefore,

considering the facts and circumstances of the case,

except the apprehension that he is a Tibetian, there

is no other grounds to reject the bail petition.

Therefore, if the petitioner is granted bail by

imposing certain conditions, no prejudice would be

caused to the case of the prosecution. Hence, I

pass the following:

ORDER

The petition is allowed. The trial court is

directed to release the petitioner/accused No.3 on

bail in Crime No.6/2021 of CEN Crime Police Station

for the offences punishable under Sections 419 and

5

420 of IPC and Sections 66(C) and 66(D) of IT Act,

subject to the following conditions:

(i)

The petitioner/accused No.3 shall

execute a personal bond for a sum

of Rs.2,00,000/- (Two Lakhs only)

with two sureties, for the likesum

to the satisfaction of the trial

Court (one of the sureties must be

from his Camp at Mundagodu);

(ii)

The petitioner/accused No.3 shall

not indulge in similar offences

strictly;

(iii) The petitioner/accused No.3 shall

not tamper with the prosecution

witnesses directly/ indirectly;

(iv) The petitioner/accused No.3 shall

not leave the jurisdiction until

completion of the trial.

If any of the above conditions are violated,

the prosecution is at liberty to seek for cancellation

of this bail order.

Sd/-

JUDGE

Cm/-