Karnataka High Court
CRL.P/13758/2024 of SHIROYA RAJ MAGANLAL Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC:53332 CRL.P No. 13758 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 13758 OF 2024 BETWEEN: 1. SHIROYA RAJ MAGANLAL S/O MAGANLAL NANUBHAI SHIROYA, AGED ABOUT 37
Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 13758 OF 2024
BETWEEN:
1. SHIROYA RAJ MAGANLAL S/O MAGANLAL NANUBHAI SHIROYA, AGED ABOUT 37 YEARS, R/AT 151/152, GAYATRI SOCIETY, 11 MAYUR APARTMENT, NEAR RACHNA SOCIETY, L.H. ROAD, SURAT CITY, GUJARAT-395 006, ADHAR NO.6603 2297 5968
2. RIMPALBEN THAKARSHIBHAI MANGUKIYA, AGED ABOUT 25 YEARS, S/O THAKARSHI BHAI KHIMABHAI MUNGUKIYA, R/AT NO.154 2, PATEL STREET, TAGDI, BHAVNAGAR, GUJARAT-364 002, ADHAR NO.7243 9116 7724
…PETITIONERS
(BY SRI. MAHESH KIRAN SHETTY, ADVOCATE)
AND:
THE STATE OF KARNATAKA, CYBER CRIME PS., BENGALURU CITY, KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001
…RESPONDENT
(BY SRI. DIVAKAR MADDUR, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER BY GRANTING ANTICIPATORY BAIL IN THE EVENT OF THE ARREST IN CONNECTION WITH CRIME NO.33/2024 REGISTERED BEFORE CYBER CRIME. P.S, PENDING BEFORE THE 45tH ADDL. CJM COURT, BENGALURU FOR
THE OFFENCE P/US/ 66(c),66(D) OF INFORMATION TECHNOLOGY ACT 2000 AND SEC.318(4),319(2),111(3) OF BNS 2023 AND GRANT AN ANTICIPATORY BAIL WITH CONDITIONS AS THIS HONBLE COURT DEEMS FIT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
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ORAL ORDER
This petition under Section 482 of the Bharatiya Nyaya Sanhita, 2023, is filed by the petitioners (Accused Nos. 5 and 6) seeking anticipatory bail in the event of their arrest in Crime No. 33/2024 for offenses punishable under Sections 66(C) and 66(D) of the Information Technology Act, 2000, and Sections 318(4), 319(2), and 111(3) of the Bharatiya Nyaya Sanhita, 2023.
2. The prosecution alleges that the complainant, a Nodal Officer of Fashnear Technology Private Limited (MEESHO), an e-commerce platform operating across India, facilitates transactions between buyers and sellers who list their products on its platform. During these transactions, customers occasionally face issues such as receiving incorrect or missing products, which are reflected and addressed on the MEESHO platform.
3. It is further alleged that Accused Nos. 1 to 6 misappropriated funds meant for refunds related to defective products sold on the platform.
NC: 2024:KHC:53332
4. The petitioners contend that they are being summoned by the police to cooperate with the investigation on the grounds that they are agents of Accused No. 4. Apart from this allegation, there are no specific accusations against them regarding the misappropriation of funds.
5. Heard the learned counsel for the petitioners and the learned High Court Government Pleader (HCGP) for the State.
6. The only allegation against the petitioners (Accused Nos. 5 and 6) is their association with Accused No.4, who, along with Accused Nos. 1 to 3, is alleged to have misappropriated the funds meant for refunding defective products. There are no direct or specific allegations against the petitioners implicating them in the misappropriation of the complainant’s funds.
7. In light of the above, the petitioners have established a prima facie case for granting anticipatory bail. Accordingly, the petition is allowed.
ORDER
Criminal Petition is allowed with the following conditions:
i. The petitioner accused Nos.5 and 6 are enlarged on bail in the event of the arrest in crime No.0033/2024
registered by cyber crime police station commissioner office Bangalore on the file of 45[th] Addl. CJM Court, Bangalore.
ii. He shall co-operate with the Investigating Officer for the purpose of investigation;
iii. He shall not threaten the prosecution witnesses or lure in any manner;
iv. He shall not leave the territorial limits without prior permission of the Investigating Officer;
v. He shall not tamper with the prosecution evidence directly or indirectly.
Sd/- (HEMANT CHANDANGOUDAR)JUDGE