Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18901 CRL.P No. 6377 of 2025 C/W CRL.P No.6389 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6377 OF 2025 C/W CRIMINAL PETITION NO.6389 OF 2025 IN CRL.P.No.6377/2025:
BETWEEN:
MR. PRAVEEN RAJ P S/O P. PONRAJ AGED ABOUT 24 YEARS GENERAL HOSPITAL COMPOUND TATA GLOBAL BEVARAGES LTD.
KANNAN DEVAN HILLS, IDUKKI KERELA - 685 612 ADHAR NO 6283 0874 3329 ALSO AT R/AT. NO.6/1, 4TH MAIN 9TH CROSS, JAGAJOTHYI LAYOUT NEAR KENCHAN PROGRESS NAGATENHALLI, KENGERI BANGALORE - 560 056. …PETITIONER (BY SRI BADRUDDEEN B, ADV.) AND:
STATE OF KARNATAKA BY SHANKARPURA POLICE STATION BENGALURU CITY, KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18901 CRL.P No. 6377 of 2025 C/W CRL.P No.6389 of 2025
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THE PETITIONER IN THE EVENT OF THE ARREST BY GRANTING ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.15/2025 DATED 21.02.2025, PENDING BEFORE THE 37TH ADDL.CJM COURT, BANGALORE FOR THE O/P/U/S 66C, 66D OF I.T ACT, 2000 AND SECTION 318(2) OF BNS, 2023.
IN CRL.P.No.6389/2025:
BETWEEN:
SMT. KALAIARASI SUBRAMANI C/O. SUBRAMANI SANJEEVINAIDU AGED ABOUT 37 YEARS NO.27, 2ND MAIN ROAD VENKATASWAMY LAYOUT NEAR SKANDA PU COLLEGE MARUTHINAGAR, BANGALORE SOUTH P.O, BANGALORE, VISWAVIDALAYA BANGALORE - 560 056. ...PETITIONER (BY SRI BADRUDDEEN B, ADV.)
AND:
STATE OF KARNATAKA BY SHANKARPURA POLICE STATION BENGALURU CITY, KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE SHANKARPURA POLICE, BENGALURU CITY TO RELEASE THE PETITIONER IN THE EVENT OF ARREST BY GRANTING ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.15/2025 DATED 21.02.2025, PENDING BEFORE THE 37th ADDL.
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HC-KAR NC: 2025:KHC:18901 CRL.P No. 6377 of 2025 C/W CRL.P No.6389 of 2025
CJM BENGALURU FOR THE OFFENCE P/US/ 66(c),66(d) OF INFORMATION TECHNOLOGY ACT 2000 AND SEC.318(2) OF BNS 2023 WITH CONDITIONS AS THIS HONBLE COURT DEEMS FIT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. These two petitions under Section 482 of BNSS, 2023, are filed with a prayer to grant anticipatory bail to the petitioners in Crime No.15/2025 registered by Shankarpura Police Station, Bengaluru, for the offences punishable under Sections 66(D), 66(C) of the Information Technology Act, 2008 and Section 318(2) of BNS, 2023.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.15/2025 was registered by Shankarpura Police Station, Bengaluru City, for the aforesaid offences against unknown persons based on the first information dated 21.02.2025 received from Bhavesh Rawal, S/o Dhanaraj Rawal. Apprehending arrest in the case, petitioners herein had filed Crl.Misc.No.2761/2025 and Crl.Misc.No.2731/2025 before the jurisdictional Sessions Court which were rejected. Therefore, they are before this Court in these two petitions.
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HC-KAR NC: 2025:KHC:18901 CRL.P No. 6377 of 2025 C/W CRL.P No.6389 of 2025
4.
Learned counsel for the petitioners submits that petitioners also had invested in the online application and money deposited in the bank account of the petitioners is the profit made by them. They are totally innocent of the alleged offences. They are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions.
5. Per contra, learned HCGP has opposed the petitions. She submits that multiple transactions have taken place in the bank accounts of the petitioners and the petitioners have received money from account of the first informant on multiple dates which would prima facie go to show that petitioners are involved in committing the crime. Custodial interrogation of the petitioners is required to find out whether other persons are also involved in committing the crime. Antecedents of the petitioners who are from different States is also required to be found out. Accordingly, he prays to dismiss the petitions.
6. First information was submitted on 21.02.2025 wherein it is alleged that first informant had received a whatsapp call on mobile number and the caller had requested him to invest in an online application and initially first informant had invested a sum of Rs.2,500/- and he had gained profit for the said investment. Subsequently, at the request of the person who was calling the first
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HC-KAR NC: 2025:KHC:18901 CRL.P No. 6377 of 2025 C/W CRL.P No.6389 of 2025
informant from mobile phone number bearing registration No.8871537829, first informant had invested amount on multiple occasions and totally, he had invested a sum of Rs.3,48,000/- but he had not received any profit nor was the money repaid. It is under these circumstances, he has approached the police. During the course of investigation, it was found that money from the account of the first informant was transferred to the Bank account of the petitioners herein on multiple occasions and the same has not been properly explained by the petitioners. The submission made by
learned counsel for the petitioners is that the said amount received by the petitioners in their bank accounts is towards the profit for the investment made by them cannot be believed for the reason that amount has been transferred from the bank account of the first informant, who is the victim in the present case. Petitioners hail from Kerala and Tamil Nadu State respectively. Though they have produced their Adhaar Cards in support of their identity and address proof, a perusal of the same raises a doubt with regard to the genuineness of the said documents. Online fraud has been causing serious problems to the gullible public and the accused persons involved in committing these kind of offences need to be dealt with iron hands and any lenience cannot be shown to the said accused who commit the online fraud by suppressing their identity. Custodial interrogation of the accused in these kind of crimes becomes
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HC-KAR NC: 2025:KHC:18901 CRL.P No. 6377 of 2025 C/W CRL.P No.6389 of 2025
necessary so as to find out the involvement of other accused persons and also about the antecedents of the accused. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail cannot be entertained. Accordingly, the petitions are dismissed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN