Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21154 CRL.P No. 6475 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6475 OF 2025 BETWEEN:
SRI RAHUL KUMAR RAJA S/O CHANDRA KISHORE YADAV AGED ABOUT 27 YEARS R/O GHUNGHAT STUDIO S.K. PURI, PATNA, BIHAR - 800 001. …PETITIONER (BY SRI KUSHAL GOWDA B.S, ADV.) AND:
THE STATE OF KARNATAKA REPRESENTED BY CYBER CRIME POLICE STATION, CID, BENGALURU REP. BY SPP, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER, IN CR.NO.0013/2021 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER DATED 21.09.2021 REGISTERED BY THE RESPONDENT UNDER SECTION 66 OF THE INFORMATION TECHNOLOGY ACT, 2008, UNDER SECTION 21 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019 AND UNDER SECTION 420 OF THE INDIAN PENAL CODE, 1860 PENDING ON THE FILE OF HONBLE CITY CIVIL AND SESSIONS JUDGE, BENGALURU PRODUCED AS ANNEXURE-B AND CONSEQUENTLY SET ASIDE ORDER DATED 26.11.2024 IN CRL.
MISC. NO. 10036/2024 PASSED BY THE LD. PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-1) AS AGAINST THE PETITIONER PRODUCED HEREIN AS ANNEXURE-A.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21154 CRL.P No. 6475 of 2025
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. Accused No.2 in Crime No.13/2021 registered by Cyber Crime Police Station, CID, Bengaluru, for the offences punishable under Section 66 of Information Technology Act, 2008 and Section 21 of the Banning of Unregulated Deposit Schemes Act, 2019 and Section 420 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.13/2021 was registered by Cyber Crime Police Station, CID, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated 21.09.2021 received from Sachin Prakash Shet S/o Prakash Shet. Apprehending arrest in the case, petitioner herein had filed Crl.Misc.No.10036/2024 before the jurisdictional Sessions Court which was rejected on 26.11.2024. Therefore, he is before this Court.
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HC-KAR NC: 2025:KHC:21154 CRL.P No. 6475 of 2025
4.
Learned counsel for the petitioner submits that petitioner is the younger brother of accused No.1 Manish Kumar and the money was deposited to the bank account of Company known as 'Su Paul Services Private Limited' which belongs to accused No.1. Petitioner was made as a Director of the said Company without his knowledge. Petitioner has no other criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition.
6. In the first information which is submitted by Sachin Prakash Shet, he had started the he has totally deposited a sum of Rs.7 lakhs through RTGS and also deposited a sum of Rs.10,000/- through Phonepay on an online application at the instance of his friend Mahesh Shetty. Subsequently, he came to know that he was cheated and therefore, he had approached the police. During the course of investigation, it was revealed that a sum of Rs.7 lakhs was deposited by the first informant to the bank account of a Company known as 'Su Paul Services Private Limited' of which accused Nos.1 and 2 are the Directors.
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HC-KAR NC: 2025:KHC:21154 CRL.P No. 6475 of 2025
Learned HCGP submits that during the course of investigation, bank account of the aforesaid Company has been freezed and it is found that crores of rupees had come to the said bank account and therefore, it is apparent that accused Nos.1 and 2 have cheated many persons similar to the first informant. Accused Nos.1 and 2 are absconding in the present case for the last more than three years. Though learned counsel for the petitioner has submitted that accused No.1, who is the elder brother of the accused No.2 had cheated him, the material on record would go to show that accused Nos.1 and 2 had together approached the Sessions Court in Crl.Misc.No.10036/2024 seeking anticipatory bail. Considering the seriousness of the allegations found and the material collected by the Investigation Officer during the course of investigation, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN