Jayaram v. State of Karnataka
In the High Court of Karnataka
Criminal Petition 4731/2015
Before Justice L. Narayana Swamy
Decided on August 4, 2015

Relevancy of the case: Bail application for offences under Sections 66C & 66D of the Information Technology Act, 2000 along with Section 420 of the Indian Penal Code, 1860

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 420)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The complainant filed a case for offences under Section 420 of the Indian Penal Code, 1860 and Section 66C and Section 66D of the Information Technology Act, 2000.
• She claimed that the petitioners had cheated her by fraudulently inducing her to invest in the share market on the promise of receiving a hefty amount.
• She was asked to further open a demat account where the amount got transferred for a few days.
• However, the amount stopped getting credited after a few days and money was withdrawn from her account without her consent.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that his clients are innocent and have not committed the offence. The allegation that was stated in the complaint was mainly against accused number 1 and was not against the petitioners (accused number 2 and 3). It was further submitted that the role of the petitioner is only with regard to issuing a cheque to the complainant and hence, they seek anticipatory bail.
• The respondent’s counsel strongly opposed the grant of bail to the petitioners. it was submitted that there is a similar pending case against the petitioners. It was further submitted that the petitioners are habitual offenders and if bail is granted, they may abscond and not be available for investigative purposes.

Final Decision

• Petition allowed.
• Bail granted to accused number 3, subject to specific bail conditions.

This case summary has been prepared by Ria Verma, an undergraduate student at Symbiosis Law School, Noida, during her internship with The Cyber Blog India in January/February 2021.