- 1 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6346 OF 2025 BETWEEN: SHRI. RAJAGOPALAN N, S/O SHRI. R. NARAYANAN, AGED ABOUT 46 YEARS, R/A NO.1/10B, NAVALAR STREET, ARAKKONAM, VELLORE, TAMILNADU - 631 005, BENGALURU - 560 057. …PETITIONER (BY SRI. ANANTHAPADMANABHA G.N, ADVOCATE) AND: STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION, ELECTRONIC CITY BENGALURU, REP. BY SPP, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.20/2025 OF ELECTRONIC CITY POLICE STATION, FILED U/S 66(c), 66(d) OF I.T. ACT, 2008 AND SEC. 318(4) OF BNS, 2023, PENDING BEFORE THE COURT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 OF THE CHIEF JUDICIAL MAGISTRATE AT BENGALURU RURAL AND DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST OR APPEARANCE, FOR THE REASONS STATED ABOVE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner apprehending his arrest in Crime No.20/2025 registered by Electronic City Police Station, Bengaluru for offences punishable under Sections 66(D), 66(C) of the Information Technology Act, 2008 and Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.20/2025 registered by Electronic City Police Station, Bengaluru, for the aforesaid offences - 3 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 against one Rahas and others based on the first information received on 20.01.2025 from one Piuli Dey - wife of Ashit Kumar Dey. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.651/2025 before the jurisdictional Sessions Court, which was rejected on 19.04.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that since the petitioner had received an enquiry notice as provided under Section 35(3) of the BNSS, 2023 bearing No.E-CITYPS/CRNO-20/2025 dated 21.03.2025 apprehending his arrest in the present case, the petitioner had filed the bail application before the Jurisdictional Court, but the same was rejected. He himself is a victim in the present case and he had also deposited amount and in return, he was paid some amount. Petitioner has no criminal antecedents. He is ready and willing to cooperate for the purpose of investigation. Therefore, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 6. Per contra, the learned HCGP opposes the bail petition on the ground that the investigation of the case is still under progress. 6. FIR in the present case was registered for the aforesaid offences against one Rahas and others based on the first information received on 20.01.2025 submitted by Piuli Dey, wife of Ashit Kumar. It appears that enquiry notice under Section 35(3) of the BNSS, 2023 was issued on 21.03.2025 to the petitioner since some transactions were found in the bank account of the petitioner maintained by him in HDFC Bank bearing Account No.50100331766429. 7. Learned counsel for the petitioner has produced the account extract of the aforesaid bank account and perusal of the same would go to show that the petitioner himself had invested certain amount for the purpose of online trading and some amount was credited to his account towards profit for his investment. - 5 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 8. Considering the transactions found in the bank account of the petitioner, it appears that the petitioner also had made investment on online trading similar to the first informant. Petitioner and has no criminal antecedents and he has undertaken to cooperate for the purpose of investigation. 9. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively reserving liberty to the Investigation Officer to take the petitioner into custody for purpose of interrogation by filing necessary application before the jurisdictional Court, in the event it is absolutely necessary. Accordingly, the following order:- 10. The Criminal 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.20/2025 registered by Electronic City Police Station, Bengaluru for offences punishable under Sections 66(D), 66(C) of the Information Technology Act, 2008 and Section 318(4) of - 6 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer between 10.00 a.m., and 11.00 a.m., on 27.06.2025 and on the said date, the Investigation Officer is at liberty to take him into custody, if necessary, for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 6.00 p.m., subject to the petitioner executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 7 - HC-KAR NC: 2025:KHC:21211 CRL.P No. 6346 of 2025 (iv) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SNC List No.: 2 Sl No.: 12 CT: BHK