- 1 - HC-KAR NC: 2025:KHC:21822 CRL.P No. 7388 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7388 OF 2025 BETWEEN: MR. B.K. KISHORE KUMAR S/O B. KRISHNA MURTHY AGED ABOUT 32 YEARS RESIDENT OF NO.256, 5TH CROSS MCECHS LAYOUT, THANI SANDRA BENGALURU - 560 077. …PETITIONER (BY SRI SHILPA S GOGI, ADV.) AND: 1. THE STATE OF KARNATAKA THROUGH HENNUR POLICE STATION (REP BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU) - 560 001. 2. VARGHESE ALENGADAN S/O LATE ANTHONY RESIDENT OF DODDAGUBBI BANGALORE, KARNATAKA - 77. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R-1; SRI SANDEEP C.T, ADV., FRO R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.146/2025 BY THE HENNUR POLICE, FOR THE ALLEGED OFFENCE P/U/S 318(4) OF BNS, SEC. 66(C) AND 66(D) OF I.T. ACT, 2000, NOW PENDING BEFORE THE HONBLE XI ACJM, COURT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21822 CRL.P No. 7388 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.146/2025 registered by Hennur Police Station, Bengaluru City, for the offences punishable under Sections 66(C), 66(D) of the Information Technology Act, 2000, and Section 318 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.146/2025 was registered by Hennur Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences on the basis of the first information dated 09.04.2025 received from Varghese Alengadan S/o late Anthony, aged about 73 years. During the course of investigation, petitioner herein was arrested on 22.04.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.25335/2025 was rejected on 17.05.2025. Therefore, petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC:21822 CRL.P No. 7388 of 2025 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner is in custody from 22.04.2025 onwards. Major portion of the investigation is completed. He is ready and willing to repay the amount which he is due to pay to the first informant. He is a married man having family. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, she prays to allow the petition. 5. Per contra, learned Addl. SPP for the respondent-State and the learned Counsel for respondent no.2 - defacto complainant, have seriously opposed the petition. They submit that petitioner is a person with criminal antecedents and he has earlier cheated another person in similar manner and after he was released on bail in the said case, he has now cheated the first informant in the present case and misappropriated huge amount of more than Rs.5 Crores. They accordingly pray to dismiss the petition. 6. In the first information which is submitted on 09.04.2025, the first informant who is a senior citizen, has stated that petitioner's service as a driver was availed after he came in - 4 - HC-KAR NC: 2025:KHC:21822 CRL.P No. 7388 of 2025 contact with him through a mobile application known as Tat.D (Mobile application through which driver can be booked). The petitioner, allegedly offered his services as a driver and after gaining the trust of the first informant, he allegedly also was assisting the first informant in his financial matters. Petitioner, allegedly induced the first informant to invest in mutual funds, etc., and he also accompanied the first informant to his bank frequently. First informant who is a aged person, allegedly believed the petitioner and taking advantage of the same, the petitioner by misusing the trust of the first informant, allegedly has cheated him to a tune of more than Rs.5 Crores. 7. Learned Counsel for the defacto complainant has filed statement of objections and has produced documents which prima facie would go to show that petitioner had induced the first informant to invest in mutual funds, online trading, etc., and subsequently had cheated him. The material produced by the learned Counsel for the defacto complainant would also go to show that petitioner was earlier involved in a similar case in Crime No.116/2023 registered by Magadi Road Police Station, Bengaluru City, for similar offences and the modus operandi of - 5 - HC-KAR NC: 2025:KHC:21822 CRL.P No. 7388 of 2025 the petitioner even in the said case appears to be similar. After being released on bail in the said case, it appears that petitioner had gained the confidence of the first informant in the present case, and thereafter, has cheated him to a tune of more than Rs.5 Crores. Investigation of the case is under progress. Under the circumstances, I am of the opinion that at this stage, this is not a case to enlarge the petitioner on bail. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK