Foreigner involved in '60 cases of skimming' gets bail

Foreigner involved in '60 cases of skimming' gets bail from HC

High Court has granted bail to a foreign national who was involved in several cases of withdrawal of money using skimmer

A foreigner involved in several cases of withdrawing money using skimmers has been granted bail. 

The High Court of Karnataka granted bail to Aluka Sandra Orewa alias Benny citing reasons that she is a woman, the devices used have been seized and the offence registered under the IT Act is bailable. Benny has been residing in Bengaluru on a student visa. 

The prosecution said she has been a habitual offender and her arrest is shown in only four or five cases, though she was involved in 60 cases. Benny stole details of users’ ATM cards by fixing a skimmer and a camera and used the details to prepare forged ATM cards to withdraw money from their accounts. 

The counsel appearing for the accused argued that sections under the Information Technology (IT) Act pressed against the petitioner are bailable and. For this reason alone, she should be given bail on a matter of right. He also contended that contents of the FIR do not constitute an offence under section 420 of the IPC for cheating. 

Justice Sreenivas Hareesh Kumar said that a person on bail in relation to a bailable offence cannot as a matter of right claim bail after repeating the bailable offence. “Bail is not a licence for committing any number of crimes. Though bail is related to liberty of a person, misuse of liberty is not justifiable. And crimes which are not targeted against an individual, but perpetrated against society must be viewed quite differently,” the court said.

However, considering the factors that the petitioner is a woman and her passport and visa have been seized, the court granted her conditional bail. The petitioner has been directed to furnish a bond for Rs one lakh with two sureties for a like sum.

The court has also imposed conditions, including marking of attendance before the Yelahanka police every week on a Sunday till the conclusion of the trial, to furnish her address proof and mobile numbers to the trial court.

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