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2025 DAILYLAW 20056 (KAR)

DINESH KUMAR SINGHAL v. THE STATE OF KARNATAKA

CRL.P/3451/2025 · 2025-04-04

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14381 CRL.P No. 3451 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3451 OF 2025 BETWEEN: 1. DINESH KUMAR SINGHAL DIRECTOR OF PRAKASH BROTHERS, OFFICE AT PRAKASH BROTHERS STATION ROAD, BARMER (RAJASTHAN) INDIA - 344 001. 2. DINESH KUMAR SINGHAL, DIRECTOR OF DINESH AND COMPANY OFFICE AT PRAKASH BROTHERS STATION ROAD, BARMER (RAJASTHAN) INDIA - 344 001. …PETITIONERS (BY SMT. REVATHY ADINATH NARDE, FOR SRI. ADINATHA NARDE, ADVOCATES) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR ADDRESS AT AMBEDKAR VEEDHI, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO 1) GRANT THE ANTICIPATORY BAIL U/S 482 OF BNSS, 2023 IN CR.NO.887/2024 U/S 66, 66(C), 66(D) Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:14381 CRL.P No. 3451 of 2025 OF THE I.T. ACT, 2000 AND U/S 318(4) OF THE BNS, 2023 AND ETC., THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner, who is apprehending arrest in Crime No.887/2024 registered by East CEN Police Station, Bengaluru for offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 66, 66(C) and 66(D) of Information Technology Act, 2000 (for short ' IT Act') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.887/2024 was registered by East CEN Police Station for the aforesaid offences against unknown persons on the basis of the first information dated 15.11.2024 received from Narasimha Vasanth Sastry son of S.Narasimha Sastry. Since the petitioner had received the enquiry notice from the Investigating Officer in the aforesaid case, - 3 - NC: 2025:KHC:14381 CRL.P No. 3451 of 2025 apprehending arrest in the said case, he had filed Crl.Misc.No.729/2025 before the Jurisdictional Sessions Court which was rejected on 19.02.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that investigation of the case is completed and the charge sheet has been already filed. Petitioner's name is not found in the charge sheet. Petitioner had co-operated with the police and he has appeared before the Investigating Officer twice. She submits that petitioner had received money towards supply of materials made and all relevant documents shall be produced before the Investigating Officer. Petitioner has no criminal antecedents. Accordingly, she prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that though charge sheet has been filed in the present case, the prosecution has reserved its right to further investigate into the matter and therefore, merely for the reason that charge sheet has been filed, petitioner cannot be granted anticipatory bail. Accordingly, prays to dismiss the petition. - 4 - NC: 2025:KHC:14381 CRL.P No. 3451 of 2025 6. Perusal of the material available on record would go to show that certain amount was transferred from the account of the de-facto complainant to the bank account of 'Mahila Mandal Barmer Agor' at Rajasthan and subsequently, from the account of the aforesaid 'Mahila Mandal Barmer Agor', which is said to be a NGO, certain amount was transferred to the bank account of the petitioner. According to the petitioner, he had supplied certain materials to the aforesaid NGO and the payment transferred to his bank account was towards the materials supplied by him. He has produced certain communications in support of his contentions urged before the Court. Be that as it may, fact remains that, investigation of the case is completed and the charge sheet has been filed and in the charge sheet, petitioner's name is not found. It is the specific contention of the petitioner that he had earlier appeared before the Investigating Officer and co-operated for the purpose of investigation. Learned counsel for the petitioner has undertaken that even in future, petitioner is ready to co- operate with the police for the purpose of investigation and it is not in dispute that petitioner has no other criminal antecedents. The alleged offences are triable by the Court of Magistrate and - 5 - NC: 2025:KHC:14381 CRL.P No. 3451 of 2025 maximum punishment for the same is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.887/2024 registered by East CEN Police Station, Bengaluru City, for offences punishable under Section 318(4) of BNS and Sections 66, 66(C) and 66(D) of IT Act and, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - NC: 2025:KHC:14381 CRL.P No. 3451 of 2025 3. The petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 52