- 1 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4165 OF 2025 C/W CRIMINAL PETITION NO. 4580 OF 2025 IN CRL.P No. 4165/2025 BETWEEN: 1. MOHAMMED KAIF S/O MOHAMMED AGED ABOUT 23 YEARS, R/A MUBARAK #11, 1ST CROSS, NEAR SHOE FACTORY, APJ ADBUL KALAM ROAD, UMMAR NAGAR, BANGALORE, KARNATAKA-560 045 2. AFROZE S/O ALLA BHAKASH, AGED ABOUT 32 YEARS, R/A 19/2, 4TH CROSS, UMMAR NAGAR, TAJ COMPLEX, NAGAVARA MENS ROAD, BANGALORE-560 045. …PETITIONERS (BY SRI. VISHNUMURTHY, ADVOCATE) AND: STATE OF KARNATAKA BY D K CEN CRIME POLICE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 DHAKSHINA KANNADA REP BY SPP, HIGH COURT OF KARNATAKA -560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME NUMBER 2/2025 OF D.K. CEN CRIME POLICE STATION, FOR AN OFFENCE 66(D) OF I.T. ACT, U/S 318(2), 318(4) OF BNS, ACT 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, PUTTUR DAKSHINA KANNADA. IN CRL.P NO. 4580/2025 BETWEEN: MOHAMMED SHAHID PASHA S/O CHAND PASHA AGED ABOUT 37 YEARS, R/AT NO.275, 2ND CROSS, UMAR NAGAR, NAGAWARA BENGALURU NORTH BENGALURU-560 045 ...PETITIONER (BY SRI. ABDUL NABI, ADVOCATE) AND: THE STATE OF KARNATAKA BY D.K. CEN POLICE STATION PUTTUR, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.2/2025 OF D.K. CEN CRIME POLICE, FOR THE OFFENCES P/U/S 66(D) OF I.T ACT, U/S 318(2),318(4) OF - 3 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 BNS, PENDING ON THE FILE OF XI PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, PUTHURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 in Crime No.2/2025 registered by DK CEN Police Station, Dakshina Kannada District, for the offences punishable under Sections 318(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act, 2008, are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned Counsel appearing for the parties. 3. FIR in Crime No.2/2025 was registered by DK CEN Police Station, Dakshina Kannda District, for the aforesaid offences against the unknown persons based on the first information dated 16.01.2025 received from Smt.Shahar Banu W/o. Yusuf Shabeer. During the course of investigation, the accused No.3 was arrested on - 4 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 01.02.2025 and accused Nos.1 and 2 were arrested on 06.02.2025. After completing investigation, charge sheet has been filed against the four persons for the aforesaid offences and the petitioners herein are arrayed as accused Nos.1 to 3 in the charge sheet. Their bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents and the investigation of the case is already completed. The maximum punishment for the alleged offences is imprisonment for a period of 7 years. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that serious allegations are found against the accused persons in the charge sheet. Accordingly, she prays to dismiss the petition. - 5 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 6. First information was submitted on 16.01.2025 alleging that first informant had received a message in her mobile phone from unknown number about providing part time online job and for the said purpose, the first informant was asked to deposit certain amount. Accordingly, first informant had initially deposited a sum of Rs.8,000/- and it is alleged that the first informant was asked to deposit further amount and thereby totally a sum of Rs.1,19,74,878/- was allegedly deposited by the first informant to various accounts as directed by the unknown caller. During the course of investigation, the petitioners herein were arrested and after completion of investigation, charge sheet has been filed against the petitioners and another accused for the aforesaid offences. Undisputedly, the petitioners do not have any criminal antecedents and they are in custody for the last more than three months. The alleged offences are triable by the Court of Magistrate. Maximum punishment for the said offences is imprisonment for a period of seven years. Under these - 6 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petitions are allowed. The petitioners-accused Nos.1 to 3 are directed to be enlarged on bail in Crime No.2/2025 registered by DK CEN Police Station, Dhakshina Kannada District, for the offences punishable under Sections 318(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act, 2008, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless - 7 - HC-KAR NC: 2025:KHC:19139 CRL.P No. 4165 of 2025 C/W CRL.P No. 4580 of 2025 the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off; Sd/- (S VISHWAJITH SHETTY) JUDGE KTY List No.: 1 Sl No.: 48