- 1 - NC: 2025:KHC:6599 CRL.P No. 14125 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14125 OF 2024 BETWEEN: SRI.SHAHANAWAZ KHAN @ SHAHNAWAZ KHAN, S/O. LATE ISMAIL KHAN, AGED ABOUT 24 YEARS, R/AT. NO. M-96/1, SINGER HATTY, GARDEN REACH, CIRCUS AVENUE, KOLKATA, WEST BENGAL-700024. …PETITIONER (BY SRI. MEGALAMANE PRABHU, ADVOCATE) AND: STATE OF KARNATAKA BY BY POLICE INSPECTOR AND STATION HOUSE OFFICER CID, BENGALURU REPY BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU – 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY , HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL ORDER DIRECTING THE RESPONDENT POLICE INSPECTOR, CYBER CRIME P.S. CID NO.01 CARITON HOUSE PALACE ROAD, BENGALURU 560001 TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST BY THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6599 CRL.P No. 14125 of 2024 RESPONDENT POLICE INSPECTOR CYBER CRIME P.S. CID NO.01 CARITON HOUSE, PALACE ROAD, BENGALURU 560 001 IN CR.NO.22/2024 OF 1ST ADDL.C.M.M COURT NRUPATUNGA ROAD,BENGALURU CITY REGISTERED FOR THE OFFENCE P/U/S66(C),66(D) OF I.T ACT AND SEC.419,420 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has preferred this petition, praying to enlarge him on anticipatory bail in Crime No.22/2024 registered by CID, for offences punishable under Sections 66(C) and 66(D) of Information Technology Act, 2000 and Sections 419 and 420 of IPC. 2. Learned Sessions Judge has rejected the prayer for anticipatory bail in Crl.Misc.No.9268/2024 vide order dated 25.10.2024. 3. The law was set into motion by one Leelapadmaja Agastyaraju. On the basis of her complaint, initially FIR in Crime No.1508/2023 was registered at South East CEN Crime Police Station, which was later - 3 - NC: 2025:KHC:6599 CRL.P No. 14125 of 2024 transferred and registered by the CID in Crime No.22/2024. 4. In the complaint, it is alleged that a person named “Vedika Sharma” with a profile ID as “Vedika Sharma” on Instagram contacted the complainant offering online investment scheme with Fo-rex/Bitcoin trading. The complainant was assured that, if 10000 INR was invested, she would get 30000 INR as profit, for which, 10% commission charges have to be paid. The complainant agreeing to invest, sent UPI address to send money, but instead of returning the money and profit, she was asked to pay more charges for bitcoin fee, platform charges, upgrade charges, GST charges etc. Every time different bank accounts were furnished and when the complainant could not arrange money after couple of weeks, a person named Manish with Instagram ID as “trader_manish01” contacted her and told to complete the process so that the entire money would be returned if she paid one last charge. Even after paying the said money, requests were - 4 - NC: 2025:KHC:6599 CRL.P No. 14125 of 2024 repeated. When the complainant stopped responding, the said person contacted on Whats app from mobile No.8961970571 and insisted to complete the payments by sending different bank accounts. Thereafter, in the month of June, two persons namely Ananya and Mohit Kakkar contacted the complainant on Telegram saying that they are from the company and they will complete the task so that her money can be recovered. 5. Complainant paid 10000 INR to prepaid task upon completing the task, she was repaid 17,000 INR. Thereafter, those persons suggested her to continue so that she can recover all the money. It is alleged that the accused towards job task and investments, in installments received money from the complainant and cheated her to the tune of Rs.4,46,86,593/-. 6. Material collected by the investigating agency so far has revealed that "trader_manish01" Instagram account was used from the mobile phone of the petitioner. - 5 - NC: 2025:KHC:6599 CRL.P No. 14125 of 2024 He was issued with a notice under Section 41A of Cr.P.C., to appear for investigation but he did not appear. 7. Petitioner was initially arrested on 04.09.2024 at Kolkata with the help of local police. The learned Magistrate, granted transit bail for a limited period of 4 weeks, directing him to appear before the jurisdictional Magistrate, Bengaluru within the said period. The petitioner has failed to appear before the jurisdictional court as directed, within the stipulated period. The learned Sessions Judge vide order dated 25.10.2024 in Crl.P.No.9268/2024 has dismissed his anticipatory bail petition. 8. Learned High Court Government Pleader appearing for the State has contended that petitioner is the main accused involved in the offence. He further contended that accused have used more than 100 bank accounts to transfer the money. 9. The informant was contacted by the Instagram account traders_manish01 and collected the money from the informant. The login details of Instagram id - 6 - NC: 2025:KHC:6599 CRL.P No. 14125 of 2024 traders_manish01 shows that the said Instagram account was used in mobile phone No. 8013144554 and mobile phone bearing IMEI number 357173340632417, which belongs to the petitioner. At this stage there is a prima- facie case against the petitioner. Money alleged to have been cheated by the accused is to the tune of Rs.4,46,86,593/-. He is required for custodial interrogation. He hails from the State of West Bengal. Grant of anticipatory bail may thwart the investigation. In present days such offences are increasing day by day which has to be curtailed. Taking a lenient view in such matters would have an adverse impact on the society. Repetition of such offence can not be ruled out. No grounds are made out to allow the petition. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE PB & LDC List No.: 1 Sl No.: 30