- 1 - NC: 2025:KHC:15425 CRL.P No. 3730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 3730 OF 2025 BETWEEN: 1. MR. CHETHAN A SON OF ASHOKA AGED ABOUT 28 YEARS R/AT No.54/3, DORESANIPALYA BENGALURU SOUTH BANNERGHATTA ROAD BENGALURU - 560 076. 2. MR. HEMANTH P SON OF P N PRATHAP AGED ABOUT 26 YEARS R/AT No.14-72, GANDALPALLI VENKATAGIRIKOTA, CHITTOR ANDHRA PRADESH - 517 424. 3. MR. KISHORE KUMAR R SON OF BAPYA NAIK AGED ABOUT 23 YEARS R/AT HOLE GANGURU, SHIVAMOGGA KARNATAKA - 577 302. 4. MR. GIRI BABU SON OF BALAKRISHNA AGED ABOUT 23 YEARS R/AT PLOT No.5, SALKAPURAM KARNOOL DISTRICT ANDHRA PRADESH - 518 468. …PETITIONERS (BY SRI RAJANNA B.C, ADVOCATE) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15425 CRL.P No. 3730 of 2025 AND: STATE OF KARNATAKA THROUGH BENGALURU CEN CRIME POLICE STATION BENGALURU RURAL REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL AND DIRECT THE INVESTIGATION OFFICER TO RELEASE THEM ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST IN CRIME No.13/025 OF BENGALURU CEN CRIME POLICE STATION, BENGALURU RURAL DISTRICT, FOR THE ALLEGED O/U/S 66(D) OF I.T ACT 2008, AND U/S 318(4), 319(2) OF THE BNS 2023, WHICH IS PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE (CJM), BENGALURU RURAL DISTRICT, BENGALURU AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners herein who are apprehending their arrest in crime No. 13/2025 registered by Bengaluru CEN Crime Police Station for offences punishable under Section 66(D) of Information and Technology Act, 2008 and Sections 318(4), 319(2) of Bharatiya Nyaya Sanhita, 2023 - 3 - NC: 2025:KHC:15425 CRL.P No. 3730 of 2025 (hereinafter referred to as the B.N.S.) are before this Court under Section 483 of B.N.S.S. seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in crime No. 13/2025 was registered for the aforesaid offences against Amritha, Sunitha and unknown persons, based on the first information dated 11.01.2025 received from Aruldoss son of C. Ramesh. Apprehending arrest in the case, petitioners had filed Crl.Misc. No. 234/2025 before the jurisdictional Sessions Court and the same was rejected on 14.02.2025. Therefore, they are before this Court. 4. A perusal of the averments found in the first information would reveal that the first informant had invested money in on-line trading of shares in the market and initially he also had made certain profit. Investment by the first informant is for the period from 11.10.2024 to 01.12.2024. Allegation in the first information is that subsequently he has not got returns for his investment and though a promise was made to return the investment with profit the accused have not honoured their promise - 4 - NC: 2025:KHC:15425 CRL.P No. 3730 of 2025 and therefore, he had made a prayer in his first information for recovery of money invested. 5. From a reading of the first information it is evident that there is no allegation in the first information that first informant was induced to invest money in on-line trading. Undisputedly petitioners have no criminal antecedent. The alleged offences are triable by Court of Magistrate and maximum punishment that can be imposed is imprisonment for a period of seven years. Considering the nature of allegations found in the first information, I am of the opinion, that the prayer of the petitioners for grant of anticipatory bail can be answered in the affirmative by reserving right to the Investigation Officer to make necessary application before the jurisdictional Magistrate seeking custody of the petitioners for interrogation, if necessary. 6. Petition is allowed. The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No. 13/2025 registered by Bengaluru CEN Crime Police - 5 - NC: 2025:KHC:15425 CRL.P No. 3730 of 2025 station for the offences punishable under Section 66(D) of Information and Technology Act, 2008 and Sections 318(4), 319(2) of B.N.S. subject to the following conditions: 1. Petitioners are directed to appear before the Investigating Officer on 25.04.2025 between 10.00 am - 10.30 am and if necessary the Investigating Officer shall take the petitioners into custody for the purpose of interrogation on the said date. However, it is made clear that the Investigating Officer shall release the petitioners on the same day on or before 06.00 pm subject to the petitioners executing a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum to the satisfaction of the Investigating Officer. 2. Petitioners shall regularly appear before the Investigating officer/trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate - 6 - NC: 2025:KHC:15425 CRL.P No. 3730 of 2025 with the Police for investigation and appear before them whenever called upon. 4. Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE LRS List No.: 1 Sl No.: 85