Karnataka HC cautions against anticipatory bail in cybercrimes

Bengaluru: The Karnataka High Court has cautioned against granting anticipatory bail in cases of cyber economic crimes. Justice Mohammad Nawaz dismissed a petition from two accused, highlighting the need for custodial interrogation to fully uncover the extent of data theft. The duo was facing charges related to a complaint lodged by the CEO of a former employer. They were accused of conspiring to steal confidential data, including source codes and proprietary information, to benefit their new employer. The charges involve serious violations of the Information Technology Act. The trial court had already rejected their request for anticipatory bail, stating the pair allegedly worked together to undermine national defense data for financial gain. The petitioners argued that the FIR lacked specific allegations against them and claimed the police investigation was without solid evidence. However, Justice Nawaz emphasized the sensitive nature of the business involved, which caters to defense organizations. He noted that allowing pre-arrest bail could hinder investigations and potentially allow the accused to tamper with evidence. The judge concluded that the evidence suggested the accused had continued accessing proprietary information after their resignations, indicating an intention to misuse data for illegal gains. This established a prima facie case against them and justified the need for thorough investigation.