Back
2025 Supreme(Online)(Kar) 22810
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4785 OF 2024 BETWEEN:
MS. RAKSHHA, AGED ABOUT 27 YEARS, DAUGHTER OF SRI. LALCHAND DAFTARI, PERMANENT RESIDENT OF NO. 25, MOSIKEERNAR STREET, ERODE, TAMIL NADU - 638 003.
…PETITIONER (BY SRI. VENKATESH S. ARBATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, D igitally SUBRAMANYA NAGAR POLICE STATION, signed by BANGALORE, REPRESENTED BY SPP, CHANDANA HIGH COURT BUILDING, B M BENGALURU - 560 001.
Location:
High Court of Karnataka 2. KUMUDA KUMAR PATI, AGED ABOUT 37 YEARS, BRIGADE ENTERPRISES LTD., ITS SENIOR MANAGER - SECURITY AND LIAISON, WTC 29TH FLOOR, BRIGADE G, MALLESHWARAM, BENGALURU CITY , KARNATAKA - 560 055.
…RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1;
SRI. HARSH GUPTA, ADVOCATE FOR SRI. P. CHINNAPPA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 14.05.2024 (ANNEXURE A) AND QUASH THE FIR IN CR.NO.109/2024 DATED 14.05.2024 FOR THE OFFENCE P/US/ 66, 66-C OF INFORMATION TECHNOLOGY ACT 2000 AND U/S.420 OF IPC 1860 AGAINST THE PETITIONER/ACCUSED WHICH IS PENDING ON THE FILE OF THE LEARNED 32nd ACMM COURT, NRUPATUNGA ROAD, BENGALURU CITY (ANNEXURE B).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
Insufficient evidence to support alleged data theft and misuse claims; criminal proceedings quashed as an abuse of legal process.
Headnote:(A) Information Technology Act, 2000 - Sections 66, 66
(C) - Indian Penal Code, 1860 - Section 420 - Complaint alleging data theft and unauthorized transfer of sensitive information - Insufficient evidence to establish essential ingredients of alleged offences - Continuation of proceedings quashed as abuse of process under Section 482 of Cr.P.C. (Paras 19, 26, 27)
(B) Criminal Procedure Code, 1973 - Section 482 - Inherent powers of High Court - Civil disputes cannot be converted into criminal cases without establishing necessary elements of criminality. (Paras 10-12)
Facts of the case:
The petitioner, employed as Deputy Manager (Legal), was accused of transferring sensitive company data to her personal email, resulting in a complaint and FIR. The petitioner disputed the allegations and sought quashing of the proceedings.
Findings of Court:
The court found that no evidence supporting the claim of dishonest intent or misuse of data was presented, thus quashing the complaint and FIR as continuation would amount to an abuse of legal process.
Issues: Whether the allegations in the FIR constituted a cognizable offence under the relevant sections.
Ratio Decidendi: The court ruled that mere allegations without substantial evidence do not justify criminal proceedings, emphasizing the distinction between civil disputes and criminal offences.
Result: Petition allowed, FIR and complaint quashed.
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:-
“ a) Quash the Complaint dated: 14.05.2024 (Annexure- ‘A’), and quash the FIR in Crime No.109/2024 dated: 14.05.2024 for the offences punishable Under Section 66 and 66(C) of the Information Technology Act, 2000 and under Section 420 of the Indian Penal Code, 1860, against he Petitioner/Accused which is pending on the file of the Learned 32nd Additional CMM Court, Nrupatunga Road, Bangalore City (Annexure ‘B’) and
b) Grant such other and further reliefs including the costs of this petition which are just and necessary in the circumstances of the case in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned Addl.SPP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner was employed as Deputy Manager (Legal) in M/s.Brigade Enterprises Ltd., upto May, 2024. The 2nd respondent who is the Senior Manager – Security & Liason of M/s.Brigade Enterprises filed the impugned complaint against the petitioner dated 14.05.2024, which was registered as an FIR in Crime No.109/2024 against the petitioner – sole accused for alleged offences punishable under Section 66 , 66-C of Information Technology Act, 2000 (for short ‘the said Act of 2000’) and Section 420 of IPC . Aggrieved by the impugned complaint and FIR, the petitioner is before this Court by way of the present petition. It is a matter of record and an undisputed fact that the personal laptop of the petitioner was seized by the 1st respondent – police authorities for the purpose of investigation, pursuant to the impugned complaint / FIR and the petitioner has sought for returns / release of the said laptop back to her.
4. Before adverting to the rival contentions, it would be necessary to extract the impugned complaint, which is as under:-
“ To,
The Police Inspector
Subramanyanagar Police Station
Rajajinagar
Bengaluru – 560 010.
Sub: Police complaint against Ms. Rakashha for indulging in Date theft, unauthorised transmitting and possessing company related sensitive information & documents pertaining to various projects to the personal G Mail account and Google Drive.
Ref: We have filed a Police Complaint and registered NCR Vide No.63/2024 Dtd: 08.05.2024
Respected Sir,
I, Kumuda Kumar Patil, Senior Manager – Security & Liaison, Brigade Enterprises limited (Brigade), having its registered office at 29th Floor, World Trade Center, Brigade Gateway Campus, 26/1, Malleshwaram- Rajajinagar, Bangalore – 560 055, wish to inform that Ms. Rakshha, having employee No.2566, is working with us since February 2021 in various capacity Presently she is designated as Deputy Manager – Legal.
I am writing to file a formal complaint regarding a case of date theft involving one of our employees, Rakshha, who has been working as the Deputy Manager Legal with Brigade Group for the past three years. Recently, it has come to out attention that Ms.Rakshha ahs committed a major breach of trust and confidentiality by illegally downloading and storing sensitive data related to several land dealing and other litigation maters. Upon questioning, Ms. Rakshha admitted to the unauthorized downloading and storage of company data on her personal electronic devices, which is in clear violation of both the company’s IT and employment policies as well attract various section of IPC and IT Act.
We have found that Ms. Rakshha is indulged in transmitting official data to her personal email account and Google drive, being rakshhajain@gmail.com in violation of Information Security Policy and Employment Contract of the Company. Ms. Rakshha when confronted, accepted the same and submitted an apology letter dated: 07.05.2024. official date so transmitted include substantial number of sensitive documents, including but not limited to land documents, sale deeds, approval documents, landowner agreement, litigation docu
