- 1 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104834 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. PREETESH S/O. NAVEENCHANDRA PATEL, AGE. 31 YEARS, OCC. SERVICE, R/O. G-401, VAISHNAVIDEVI CIRCLE, TQ / DIST. AHMEDABAD, GUJARAT, PIN-380001. 2. ASHUTOSH S/O. VIJAYAKUMAR JHA, AGE. 26 YEARS, OCC. SERVICE, R/O. H-50, BUDHA VIHAR, PHASE-1, NEW DELHI, PIN-110002. 3. AMIT S/O. RAJU BHAY GUPTA JHA, AGE. 22 YEARS, OCC. SERVICE, R/O. 46, NIRMAL SOCIETY, ISANPUR, MANINAGAR, AHMEDABAD, GUJRAT, PIN-38001 STATE. 4. KARAN S/O. BAHADDUR RAJPUT, AGE. 36 YEARS, OCC. SERVICE, R/O. 356, USHAKIRANA SOCIETY, VASTRAL, TQ/DIST. AHMEDABAD, GUJARAT, PIN-38001. 5. HARIKISHNA S/O. VISHNUPRASAD UPADHYAYA, AGE. 30 YEARS, OCC. SERVICE, R/O. A-301, SUNRISE HOME, BEHIND RAMBO HEIGHTS, NAROL LAMBA CANAL ROAD, NARO, AHMEDABAD, GUJARAT, PIN-382440. 6. SURAJ S/O. RAMKEERAT YADAV, AGE. 25 YEARS, OCC. SERVICE, R/O. JANATA COLONY, LALJI PADA, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 NEW LINK ROAD, KANDIVALI (WEST), MUMBAI, MAHARASTRA, PIN-400067. 7. SURENDRA S/O. GANAPATSING RAJPUROHIT, AGE. 27 YEARS, OCC. SERVICE, R/O. A-WING 301, KAMAL MANDIR APARTMENT, 60 FEET ROAD, MANAVEL PADA, VASAI (WEST) MUMBAI, MAHARASTRA, PIN-400067. 8. ROHAN S/O. DOODHNATH YADAV, AGE. 26 YEARS, OCC. SERVICE, R/O. D-WING 303, OM TRIVENI COMPLEX, SHEETAL NAGAR, CHURCH MEERA ROAD (EAST) THANE MUMBAI, MAHARASHTRA, PIN-401107. 9. PUSHPARAJ SWAMY S/O. MURGHAN, AGE. 26 YEARS, OCC. SERVICE, R/O. CHEMBUR CAMP, MAHUL VILLAGE, CHEMBUR, MUMBAI, MAHARASHTRA PIN-400074. 10. CHRISTOPHER S/O. ALPASO PETER, AGE. 29 YEARS, OCC. SERVICE, R/O. VANAKAM TELAR, JAI HINDU NAGAR, SHANKAR DEOLA VASINAKA, CHEMBUR, MUMBAI, PIN-400074. 11. VISHAL S/O. VIJAYAN PANNEKAR, AGE. 27 YEARS, OCC. SERVICE, R/O. LADINAKA, AMBEMATTH (WEST), THANE, MAHARASHTRA, PIN-421501. 12. PUSHPENDRA SINGH S/O. GOPAL SINGH SHEKHAVATH, AGE. 25 YEARS, OCC. SERVICE, R/O. 154, PAWANMATRA JI COLONY, KARANI PALACE ROAD, VAISHALI NAGAR, JAIPUR, RAJASTHAN, PIN-302001. 13. LOKENDRA SINGH S/O. RAJENDRA SINGH TAWARA, AGE. 29 YEARS, OCC. SERVICE, R/O. PLOT NO.9, SINGHBHOOMI, KHATIPURA, JAIPUR, RAJASTHAN, PIN-302001. 14. NITISHSINGH S/O. NIRANJANSINGH SINGH, AGE. 26 YEARS, OCC. SERVICE, R/O. CLIP COLONY, DHANKATHI SHILANG,-793003. - 3 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 15. NIKHIL S/O. DHANSINGH MEHTA, AGE. 24 YEARS, OCC. SERVICE, R/O. C-WING 202, SAI LEELA APT, ALKAPURI ROAD, NALASOPARAR (EAST), MUMBAI, MAHARASHTRA, PIN-400001. 16. ABHISHEK S/O. BALBHIRSINGH RATHOD, AGE. 28 YEARS, OCC. SERVICE, R/O. VILLAGE BALERUPI, TEHSIL, JOGENDRA NAGAR, TQ / DIST. MANDI, HIMACHAL PRADESH, PIN-172001. 17. SUBRANEEL BHADRA LATE DEBASHISH BHADRA, AGE. 28 YEARS, OCC. SERVICE, R/O. 105/1, BHIDHAN NAGAR ROAD, SUNCITY COMPLEX, BLOCK-E, PLOT NO.701, CULCUTTA, WEST BENGAL, PIN-700067. 18. JITENDRA SINGH S/O. SARVESH SINGH, AGE. 28 YEARS, OCC. SERVICE, R/O. BRAMHAPUR SAIBABAD, GHAZIABAD, UTTARPRADESH, PIN-201001. 19. NAVEEN KUMAR S/O. VIJAYVARMA, AGE. 22 YEARS, OCC. SERVICE, R/O. MARWADI MAULA CHATRA, JHARKHAND, PIN-828111. 20. AKARSHAN KUMAR S/O. RAMDEEN SHAHI, AGE. 22 YEARS, OCC. SERVICE, R/O. PARVRIYA VILLAGE, CHATRA, JHARKHAND, PIN-828111. 21. RAHUL KUMAR S/O. BABULAL SAHI, AGE. 29 YEARS, OCC. SERVICE, R/O. PARVRIYA VILLAGE, CHATRA, JHARKHAND, PIN-828111. 22. PARVEJ S/O. ASLAM SAYYAD, AGE. 32 YEARS, OCC. DRIVER, R/O. KANVEL NEW MUMBAI, PIN-400001. 23. AJITH KUMAR S/O. BASDEV MEHTA, AGE. 32 YEARS, OCC. SERVICE, R/O. HAZARIBAGH, JHARKHAND, PIN-828111. 24. SMITH DARMENDRA KADIYA, - 4 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 AGE. 32 YEARS, OCC. SERVICE, R/O. PAKALIPOLLO KHADIYA, RAIPUR, AHMEDABAD, GUJARAT, PIN-38001. 25. DARSHAN S/O. VISHNU KADAM, AGE. 29 YEARS, OCC. SERVICE, R/O. GANDHINAGAR, LALJI PADA, NEW LINK ROAD, KANDIVALLI (WEST), MUMBAI, PIN-400001. 26. SOURAJ S/O. AMOD RIJA, AGE. 25 YEARS, OCC. SERVICE, R/O. SHILANGHA FIRE BRIGADE, MOTINAGAR, MEGHALAYA, PIN-793001. 27. PANKAJ S/O. KRISHNA TAMANGA, AGE. 26 YEARS, OCC. SERVICE, R/O. VAGALA ESTATE, THANE, MAHARASHTRA, PIN-400001. 28. LAKSHA S/O. RAJESH SHARMA, AGE. 29 YEARS, OCC. SERVICE, R/O. HOUSE NO.13706, RAMANAGAR, SHADRA, DELHI, PIN-110002. …PETITIONERS (BY SRI. VANTI MAHAMMAD SHARIF LATIF, ADVOCATE) AND: STATE OF KARNATAKA, BY PSI CITY CEN POLICE STATION BELAGAVI, TQ / DIST. BELAGAVI, PIN-590016, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.1 TO 28 ON BAIL IN BELAGAVI CITY CEN POLICE STATION CRIME NO.89/2025, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 319(2), 187, 48, 49, AND 111 OF THE BHARATIYA NYAYA SANHITA, SECTIONS 66(C), 66(D), AND 75 OF THE INFORMATION TECHNOLOGY ACT, 2000, AND SECTION 42 OF THE TELECOMMUNICATION ACT PENDING ON THE FILE OF THE JMFC-III, COURT BELAGAVI AND ETC.,. - 5 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are before this Court seeking for grant of regular bail in Crime No.89/2025 of respondent- Police for the offences under Sections 319(2), 187, 48, 49 and 111 of the Bharatiya Nyaya Sanhita, 2023, Sections 66(C), 66(D) and 75 of the Information Technology Act, 2000 and Section 42 of the Telecommunication Act. Brief facts of the case: 2. The case of the prosecution is that, complaint came to be registered by Assistant Sub-Inspector Police1, Cyber Crime Branch stating that, he had received an anonymous letter dated 11.11.2025 around about 5.00 p.m., stating that, one broker was talking with a person when they were having tea that the call centre was being 1For short, ‘ASI’ - 6 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 run in the apartment. Twenty people are working and there is a proposal to appoint another fifty persons. 3. As per the averments of the complaint, on considering the statement of unknown person and also the anonymous letter, the Police conducted the search and arrested all the petitioners. The investigation is under progress. 4. Heard Sri.M.L.Vanti, learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioners that, the petitioners are the innocent of the alleged offences. The alleged offences under Sections 319(2) and 187 of Bharatiya Nyaya Sanhita, 2023 which is not at all attracting against the petitioners. All the petitioners are in judicial custody and they are the earning members of their respective families. They came from different places to work in the Call Centre. Hence, they may - 7 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 be enlarged on bail by imposing suitable conditions. They will abide by the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioners had intention to cheat the foreigners by inducing them to disclose their PIN number and also they impersonated as if they are the customs officer, police officers and foreign embassies, etc. A huge racket has to be busted during investigation. At this stage, if the petitioners are enlarged on bail, there may be chances of absconding from the place as all the petitioners are belonging to different states. Hence, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and perused the averments of the - 8 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 complaint, it appears from the record that, the petitioners came from different States and they are stated to be working in the Call Centre situated at Belagavi. Though it is alleged that, they were committing fraud to the foreigners, the said fact has to be decided after completing the investigation. Prima-facie, I am of the considered opinion that, the learned counsel for the petitioners made out a ground to grant relief as prayed for. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.89/2025 of respondent-Police for the offences under Sections 319(2), 187, 48, 49 and 111 of the Bharatiya Nyaya Sanhita, 2023, Sections 66(C), 66(D) and 75 of the Information Technology Act, 2000 and Section 42 of the Telecommunication Act, on executing - 9 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 personal bond in a sum of Rs.1,00,000/- each with one surety each to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (v) The petitioners shall mark their attendance to the respondent-police once in a month on Sunday between 10.00 a.m. to 2.00 p.m. (vi) The petitioners shall surrender their passports till completion of investigation. (vii) The petitioners shall not involve in any criminal cases till disposal of the case. - 10 - HC-KAR NC: 2025:KHC-D:17862 CRL.P No. 104834 of 2025 In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 2 Sl No.: 60