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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.984 OF 2021

BETWEEN:

1.

IVAN KAMBONGE

S/O. SERDICK DAMBA,

AGED ABOUT 22 YEARS,

RESIDING AT 204, KAMPALA,

UGANDA,

PRESENTLY AT CHITTAPUR, RAJPUR,

NEW DELHI – 110 054.

NOW RESIDING AT III FLOOR,

H.B. NAGESH’S HOUSE,

DODDA MARAPPA ROAD,

DODDA MARANNA EXTENSION,

KALYANAGAR POST, HENNUR,

BANGALORE NORTH TALUK – 560 043.

2.

LAWRENCE MAKAMU

S/O. JOHN MAKAMU,

AGED ABOUT 29 YEARS,

RESIDING AT BOX NO.189,

NAIROBI, KENYA,

PRESENTLY AT CHITTAPUR, RAJPUR,

NEW DELHI – 110 054.

NOW RESIDING AT III FLOOR,

H.B. NAGESH’S HOUSE,

DODDA MARAPPA ROAD,

DODDA MARANNA EXTENSION,

KALYANAGAR POST, HENNUR,

BANGALORE NORTH TALUK – 560 043.

... PETITIONERS

(BY SRI HASHMATH PASHA, SENIOR COUNSEL, FOR

SRI KALEEM SABIR, ADV.)

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AND:

STATE OF KARNATAKA

BY CEN POLICE STATION,

TUMKUR,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU – 560 001.

... RESPONDENT

(BY SMT. RASHMI JADHAV, H.C.G.P.)

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN

CRIME NO.200 OF 2020 REGISTERED BY TUMKUR CEN CRIME

POLICE STATION, TUMKUR, FOR THE OFFENCES PUNISHABLE

UNDER SECTIONS 66C AND 66D OF THE IT ACT AND UNDER

SECTIONS 419 AND 420 OF THE IPC.

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by accused Nos.1 and 2 under

Section 439 of the Code of Criminal Procedure, 1973, (for

short, ‘the Cr.P.C.’) for granting regular bail in Crime

No.200 of 2020 registered by Tumkur CEN Crime Police

Station for the offences punishable under Sections 66C

and 66D of the Information Technology Act, 2000 (for

short, ‘IT Act’), and under Sections 419 and 420 of the

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Indian Penal Code, 1860 (for short, ‘the IPC’). Later,

charge-sheet has been filed for the offences punishable

under Sections 465, 468 and 471 of the IPC and under

Sections 14, 14A and 14B of the Foreigners Act, 1946 (for

short, ‘the Foreigners Act’).

2. The case of the prosecution is that, on

23-11-2020, Dr. G. Tilak Ramu lodged a complaint before

the Police alleging that he has Bank Account, bearing

No.20092610000973, with a Debit Card facility. On

22-11-2020 in the morning hours, some unknown person

has drawn money through ATM counter with the

skimming device, thereby Rs.10,000/-, Rs.10,000/- and

Rs.5,000/- have been consequently withdrawn from his

account and caused loss to him. Hence, requested to take

appropriate

action

against

the

said

culprit.

After

registration of the case, the Police have arrested the

petitioners on 7-12-2020 and seized a car, bearing

Registration

No.DL-3C

AA-4585.

On

the

voluntary

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statements of the petitioner, the Police have also seized 12

skimming devices, 46 fake ATM cards and passports

under panchanama. After production of the petitioners

before the Court, they were remanded to judicial custody.

The petitioners approached the Sessions Court for

granting bail, which came to be rejected. Hence, this

petition.

3. Heard the arguments of the learned counsel for

the petitioners and the learned High Court Government

Pleader for the respondent-State.

4. Learned Senior Counsel for the petitioners has

contended that, the offences under Sections 66C and 66D

of the IT Act are bailable in nature. As per the provisions

of Section 81 of the IT Act, it has overriding effect

notwithstanding

anything

inconsistent

therewith

contained in any other law which is punishable under the

IT Act. Therefore, even if the Police invoke Sections 419

and 420 of the IPC, it does not attract, as Section 81 of the

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IT Act overrides the IPC. Sections 66C and 66D of the IT

Act are similar with the provisions of Sections 419 and

420 of the IPC and