- 1 - NC: 2025:KHC:12090 CRL.P No. 14203 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14203 OF 2024 BETWEEN: ADIL KHAN S/O AZIZURERREHMAN AGED ABOUT 50 YEARS C.C ROAD, INDIRA CALONY BARMER, BARMER RAJASTHAN - 344 001. …PETITIONER (BY SRI SHRIRAMA ADIGA, ADV.) AND: STATE OF KARNATAKA BY S.H.O/ EAST CEN PS BANGALORE CITY REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001, …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST ON THE COMPLIANT FILED BY THE COMPLAINANT IN FIR NO.887/2024 EAST CEN CRIME P.S., FILED BY THE COMPLIANT U/S.66,66(C),66(D) OF INFORMATION TECHNOLOGY ACT 2000 AND SEC.318(4) OF BNS 2023 PENDING ON THE FILE OF THE XLV ADDL CHIEF JUDICIAL MAGISTRATE AT BENGALURU VIDE ANNEXURE A. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12090 CRL.P No. 14203 of 2024 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. Petitioner, who is apprehending arrest in Crime No.887/2024 registered by East CEN Crime Police Station, Bengaluru City, for the offences punishable under Section 318(4) of BNS, 2023 and Sections 66, 66(C) and 66(D) of the Information Technology Act, 2000, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.887/2024 was registered by East CEN Crime Police Station, Bengaluru City, for the aforesaid offences against unknown persons based on the first information dated 15.11.2024 received from Narasimha Vasanth Sastry, S/o S Narasimha Sastry, Director of Company known as 'Dreamplug Paytech Solutions Private Limited'. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.11131/2024 before the jurisdictional Sessions Court which was rejected on 18.12.2024. Therefore, petitioner is before this Court. - 3 - NC: 2025:KHC:12090 CRL.P No. 14203 of 2024 4. Learned counsel for the petitioner submits that petitioner is running NGO and the bank account of the NGO receives huge amount of donation from various people. Petitioner was not at all aware of the transfer of money from the account of the complainant. Petitioner has no criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioner hails from Rajasthan and he has not cooperated with the police for the purpose of investigation. Huge amount of Rs.3 crores was transferred from the account of defacto complainant to the account of the petitioner and part of the said amount has been used by the petitioner. Custodial interrogation of the petitioner may be necessary in the case. Accordingly, he prays to dismiss the petition. 6. Learned counsel for the petitioner has produced the bank account statement of the NGO which is managed by the petitioner and a perusal of the same would go to show that there is a huge money transaction in the said account which prima facie needs to be explained by the petitioner. - 4 - NC: 2025:KHC:12090 CRL.P No. 14203 of 2024 7. The material on record would go to show that a sum of Rs.3 crores has been transferred/credited to the account of petitioner from the account of Dreamplug Paytech Solutions Private Limited which is represented by defaco complainant. It appears that the said amount which was credited to the account of Mahila Mandla Barmer Agor Trust, which is said to be NGO managed by the petitioner was further transferred to different bank accounts and a sum of Rs.10 lakhs was also withdrawn by the petitioner. Learned HCGP has brought to the notice of this Court that petitioner has not been cooperating with the police inspite of repeated enquiry notice. The material on record would go to show that he has been seeking time for appearance before the Investigating Officer ever since the month of December, 2024. Online fraud has become a menace to the Society and therefore, accused indulging in committing the said offences is required to be dealt with iron hands. Petitioner is issued with repeated enquiry notices by the police and it is for him to explain to the police about transactions found in his bank account, Instead of doing so, petitioner has been evading the process of law and therefore, considering the material available on record, I am of the view that the prayer - 5 - NC: 2025:KHC:12090 CRL.P No. 14203 of 2024 made by the petitioner for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN