- 1 - HC-KAR NC: 2025:KHC:24090 CRL.P No. 6799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6799 OF 2025 BETWEEN: 1. BEDA PRATIM BASUMATARY AGED ABOUT 42 YEARS SON OF BAENDRA BASUMATARY RESIDING AT HOUSE NO.3, BIKRAMPURU SILPOTA ROAD, JAPORIGOG, GAUHATI ASSAM - 781005 …PETITIONER (BY SRI. VIVEK B RAMAKRISHNA, ADVOCATE FOR SRI. KASHYAP N. NAIK.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOUTH CEN POLICE STATION REP BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE FIR DATED 09.08.2024 REGISTERED IN THE CR.NO.1070/2024 U/S Digitally signed by DHAKSHAYINI R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24090 CRL.P No. 6799 of 2025 66(C) AND 66(D) OF IT ACT, 2008 AND SEC. 318(4) AND 319(2) OF THE BNS, 2023 (ANNEXURE-D). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner who is apprehending arrest in Cr.No.1070/2024 registered by the South CEN police station for the offence punishable under Sections 66 (c), 66(D) of the Information Technology Act, 2008 and Section 318(4) and 319(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Cr. No.1070/2024 was registered by the South CEN police station for the aforesaid offences against unknown persons based on the complaint dated 09.08.2024 received from Rajib Das Sharma son of Sisir Kumar Das Sharma. Apprehending arrest in the said case, - 3 - HC-KAR NC: 2025:KHC:24090 CRL.P No. 6799 of 2025 the petitioner had filed Crl.Misc. No.1709/2025 before the Jurisdictional Sessions Court which was rejected on 10.03.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that petitioner was the erstwhile Director of Reliver Pack Industries Pvt. Limited. In the year 2021 itself the petitioner has resigned from the post of Director in the aforesaid company. He is not operating the bank account of the said company ever since then. It appears that the money was transferred from the bank account of the first informant in the present case to the account of the aforesaid company and therefore, the petitioner is apprehending arrest in the present case. 5. Per contra, learned Addl. S.P.P submits that since the petitioner was the Director of the aforesaid company, he has been issued with an enquiry notice, however, he has not cooperated with the investigating officer. He further submits that the petitioner is not operating the bank account of the aforesaid company as - 4 - HC-KAR NC: 2025:KHC:24090 CRL.P No. 6799 of 2025 on this date and he is also not the Director of the company as on this date. 6. FIR in the present case was registered against unknown persons and in the FIR submitted by one Rajib Das Sharma, it is stated that he had received phone call from unknown person who had identified himself as FEDEX agent and he was informed by the said person that a suspicious package has been seized by the Indian customs that was addressed to him and he was threatened that a case of money laundering has been registered against him. He has also stated in the FIR that subsequently another person introduced himself as CBI Officer and asked the complainant to cooperate for the purpose of interrogation and criminally intimidated him and therefore, he had transferred a total sum of Rs.1,21,00,000/- to the various bank accounts as directed by the aforesaid persons. It appears that a sum of Rs.15,00,000/- was transferred to the account of the company known as - 5 - HC-KAR NC: 2025:KHC:24090 CRL.P No. 6799 of 2025 Reliver Pack Industries Pvt. Limited and it is under these circumstances enquiry notice was issued to the petitioner. 7. The Petitioner has no criminal antecedents and he has undertaken to cooperate with the police for the purpose of investigation. Perusal of records prima facie show that the petitioner has retired from the aforesaid company in the year 2021 and he is no more operating the bank accounts of the aforesaid company. 8. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of seven years. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:24090 CRL.P No. 6799 of 2025 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest registered by South CEN Police Bengaluru City, for offences punishable under Sections 66 (c), 66(d) of the Information Technology Act, 2008 and the Bharatiya Nyaya Sanhita (BNS), 2023 subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer in the present case on 15.07.2025 between 10:00 a.m. and 11:30 a.m. and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer. 2. The Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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:24090 CRL.P No. 6799 of 2025 4. The Petitioner shall not involve in similar offences in future Sd/- (S VISHWAJITH SHETTY) JUDGE RKA List No.: 1 Sl No.: 66