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2025 DAILYLAW 25283 (KAR)

MR.RUPAK GHOSH v. THE STATE OF KARNATAKA BY

CRL.P/6292/2025 · 2025-04-26

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:17330 CRL.P No. 6292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.6292 OF 2025 BETWEEN: 1. MR. RUPAK GHOSH AGED 39 YEARS SENIOR MANAGER, CANARA BANK, ENTALLY BRANCH, KOLKATTA WEST BENGAL-700014. 2. MRS. JANAKI DAS AGED 34 YEARS OFFICER, CANARA BANK, ENTALLY BRANCH, KOLKATTA WEST BENGAL-700014. …PETITIONERS (BY SRI. MURTHY D. NAIK, SR. COUNSEL FOR SRI. VINAY PAUL T.K., ADVOCATE) AND: THE STATE OF KARNATAKA BY NORTH-EAST CEN P.S, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA MM, HCGP) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17330 CRL.P No. 6292 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BHARATIYA NAGARIKA SURAKSHA SANHITA - 2023, PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.995/2024 OF THE RESPONDENT NORTH EAST POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 66(c), 66(d) OF THE INFORMATION TECHNOLOGY ACT AND SEC. 319(2), 318(4) OF BNS PENDING ON THE FILE OF HONBLE XLV ADDL. CMM COURT AT BENGALURU. 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. Petitioners who are apprehending arrest in Crime No.995/2024 registered by North East CEN Police Station, Bengaluru for offences punishable under Sections 319(2), 318(4) of BNS and Sections 66(c), 66(d) of the Information Technology Act, are before this Court under Section 482 Cr.P.C. seeking anticipatory bail. 2. Heard learned counsel for the parties. - 3 - NC: 2025:KHC:17330 CRL.P No. 6292 of 2025 3. FIR in Crime No.995/2024 was registered by the North East CEN Police Station, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated 12.12.2024 received from Vijay Kumar K.S., S/o Shivaramaiah. Apprehending arrest in the present case, petitioners herein had filed Crl.Misc.No.2504/2025 before the jurisdictional Sessions Court which was rejected on 09.04.2025. Therefore, they are before this Court. 4. Learned Senior Counsel appearing for the petitioners submits that petitioners are working as Senior Manager and Officer respectively in the Canara Bank, Entally Branch, Kolkata, West Bengal State. It appears that beneficiaries of the alleged fraud have bank accounts in the aforesaid branch office of Canara Bank in which the petitioners are working. Therefore, enquiry notice has been issued against petitioners and they are apprehending arrest in the case. The petitioners have no other criminal antecedents. They are ready and willing to cooperate with the police for investigation. Accordingly, learned counsel prays to allow the petition. - 4 - NC: 2025:KHC:17330 CRL.P No. 6292 of 2025 5. Learned High Court Government Pleader who has opposed the petition, does not seriously dispute the submission made by the learned Senior Counsel for the petitioners. 6. FIR in the present case has been registered against unknown persons based on the first information received from first informant Sri. Vijayakumar K.S. In the first information, it is alleged that some strangers had contacted the first informant informing him that they are from Telecom Regulatory Authority of India and a case was registered against him in Mumbai Crime Branch and also informed him that he was under digital arrest and threatened him of dire consequences and asked him to transfer amount from his bank account to nine different bank accounts. Accordingly, totally a sum of Rs.11,83,55,642.52 was transferred by the first informant to various bank accounts as stated by the said persons. It appears that a sum of Rs.96,00,000/- was transferred to the bank accounts of beneficiaries which was maintained by them in the branch office of Canara Bank in which the petitioners are working as Senior Manager and Officer respectively. - 5 - NC: 2025:KHC:17330 CRL.P No. 6292 of 2025 7. Undisputedly, the petitioners are not the beneficiaries of the alleged fraud and no amount has been transferred to their personal bank account. They have undertaken to co-operate with the police for the purpose of investigation. Alleged offences are triable by the Magistrate Court and the maximum punishment is imprisonment for a period of seven years. Petitioner No.2 is a lady aged about 34 years. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioners for grant of anticipatory bail has to be answered in the affirmative, subject to appropriate conditions. 8. Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.995/2024 registered by North East CEN Police Station, Bengaluru for offences punishable under Sections 319(2), 318(4) of BNS and Sections 66(c), 66(d) of the Information Technology Act, subject to the following conditions: (i) Petitioners shall appear before the Investigating Officer within one week from the date - 6 - NC: 2025:KHC:17330 CRL.P No. 6292 of 2025 of receipt of the copy of this order and each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioners shall not tamper with the prosecution witness and shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 2 Sl No.: 19