Dark Web | Karnataka High Court Refuses To Quash 'Light Combat Aircraft' Data Theft Case Against 27-Yr-Old Aerospace Engineer

The Karnataka High Court has refused to quash criminal proceedings initiated against 27-year-old, who is accused of leaking the data of the Light Combat Aircraft developed under the Tejas programme by Aeronautical Development Agency, on the dark web for enriching himself.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Siva Rama Krishna Chennuboina seeking to quash proceedings initiated in 2021 against him under sections 66, 66(F), 84(C) of the Information Technology Act, 2008 and Section 380 of the IPC.

It is alleged that when petitioner was an intern in the Indian Institute of Science certain projects were sanctioned to be executed by the Aeronautical Development Agency, Ministry of Defence, Government of India. He was allowed to work as an intern in the preparation of code for the Light Combat Aircrafts used during war time. What the petitioner would do is get to know the entire source code and publish the same for sale on the Dark Web, it is alleged.

Initially it was not known as to who was involved in the entire process and it took about 18 months for the Department to know that the petitioner is involved in all these activities, it is alleged.

On the other hand the petitioner sought quashing of the proceedings on the ground that crime camẻ to be registered with gross delay. Further, petitioner claimed nothing would bring him into the web of crime and permitting further investigation against a bright student like the petitioner would become an abuse of the process of law

The court went through the records and rejected the contention of delay in investigation raised by the petitioner. It said, "As the investigation in the nature of the kind that is necessary in the facts of the case at hand cannot be concluded overnight, as they involve several intricate facts to be gone into. If on the plea of the petitioner the present proceedings are quashed against him, it would amount to putting a premium on the activities of the petitioner who has acted in a manner that would compromise the security of the nation."

It added "The petitioner has leaked into dark web highly sensitive data which would have the effect of destabilizing defence of the nation. Any person indulging in any crime that would destabilize nation’s defence of any kind, even to its triviality, cannot be countenanced."

Further the court said, "The petitioner wanting to project himself to be innocent, in the teeth of the aforesaid facts, can only be a figment of his imagination. It is a matter to be investigated into and the investigation is yet to complete."

Noting that Dark web is a sophisticated anonymous internet network used by both criminals and other individuals for manifold reasons, Court said necessity to regulate the usage of dark web has become the need of the hour, as it provides anonymity, as the geo location is hidden. The bench held, "Such usage of dark web for defence secrets to be uploaded has devastating effect on national security."

It went on the highlight that "The occurrence of massive data theft and auction on the dark web has been a worrisome concern to all the nations, including ours. Therefore, it is necessary to investigate into the root of the data thieving, uploading it on the dark web, for illegal financial gains and bring to book, persons involved in such acts of uploading sensitive data of defence of the nation, on to the dark web and deal them with iron hands."

Dismissing the petition the court directed the investigation agency to complete the investigation in four months.

Case Title: SIVA RAMA KRISHNA And MR.SASI NARKIS BABU V & ANR

Case No: CRIMINAL PETITION No.1985 OF 2023

Citation: 2023 LiveLaw (Kar) 308

Date of order: 28-07-2023

Appearance: Advocate Girish B Baladare for Petitioner.

Deputy Solicitor General H.SHANTHI BHUSHAN, FOR R-1.

HCGP Mahesh Shetty for R2.

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