LAWS(KAR)-2016-7-209

MICHEAL Vs. ERNEST

Decided On July 25, 2016
MICHEAL; ANIL PETER; VIJAYKUMAR; DAYANAND; ANEEL Appellant
V/S
ERNEST; STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard Sri.C.V. Angadi, learned counsel for petitioners and Sri.M.L.Vanti, learned counsel for respondent No.1 and Sri.Raja Raghavendra Naik, learned H.C.G.P. for respondent No.2. Perused the records.

(2.) Petitioners, being aggrieved by the registration of complaint lodged by respondent No.1 in Crime No.41 of 2015 of Dharwad Sub- Urban Police Station as per Annexure 'B' for the offences punishable under Sections 120B and 409 of the Indian Penal Code (for short 'IPC') and Sections 66 and 72A of the Information Technology Act, 2000 (21 of 2000), are before this Court seeking for quashing of the said complaint and the proceedings initiated pursuant to it.

(3.) A complaint has been lodged by respondent No.1 on 10th/11th March 2015 as per Annexure 'A' before respondent No.2 alleging that petitioners herein have dishonestly and fraudulently with a common intention and conspiracy, accessed and secured access to computer/computer system/computer network and downloaded, copied, extracted and printed computerised sensitive personal information of bank accounts of himself and his wife without their knowledge and authorisation in breach of law; it is further contended that with a common intention and criminal conspiracy, accused persons have committed criminal breach of trust by banker and also violation of the Declaration of Fidelity and Secrecy; computer related offences, breach of confidentiality and privacy and disclosure of information in breach of lawful contract. Said complaint came to be registered by respondent No.2 in Crime No.41 of 2015 as per Annexure 'B' on 11th March 2015. Petitioners, seeking for quashing of said proceedings and registration of complaint, are before this Court.