- 1 - HC-KAR NC: 2025:KHC:41473 CRL.P No. 13855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13855 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: JABAR SATHICK A., S/O ABBAS, AGED ABOUT 31 YEARS, R/AT NO. 161-A, SEETHAKATHAI ROAD, MIDDLE STREET, SHIVAKASHI, PIN - 626 123, NOW R/AT NO 110, MUSLIM NORTH STREET, SHIVAKASHI, VIRUDHNAGAR DISTRICT, TAMILNADU – 626 123. JABAR SATHICK A, S/O ABBAS, AGED ABOUT 31 YEARS, R/AT NO. 161A, SEETHAKATHI MIDDLE STREET, SIVAKASI, VIRUDHUNAGAR, TAMIL NADU – 626 123. …PETITIONER (BY SRI. HEMANTHA B.,ADVOCATE) AND: STATE OF KARNATAKA BY TUMAKURU CEN CRIME POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41473 CRL.P No. 13855 of 2025 BENGALURU – 560 001. …RESPONDENT (BY SRI. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.169/2024 OF THE RESPONDENT TUMAKURU CEN CRIME POLICE FOR THE ALLEGED OFFENCE P/US/ 66(D) OF IT ACT AND SEC.318(4),319(2) OF BNS PENDING ON THE FILE OF THE HONBLE 3RD ADDL SENIOR CIVIL JUDGE AND JMFC TUMAKURU TUMAKURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition filed by the petitioner -accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.169/2024 of Tumakuru CEN Crime Police Station registered for offences punishable under Sections 318(2), 319(2) of Bhartiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, 2008. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. - 3 - HC-KAR NC: 2025:KHC:41473 CRL.P No. 13855 of 2025 3. Learned counsel for the petitioner would contend that the petitioner is a delivery boy and he has been instigated by accused Nos.2 and 3 to open account and he will get a benefit from the same. In furtherance of the same, bank account has been got opened and he handed over ATM and cheque book to accused Nos.2 and 3 and money has been credited to his bank account. Accused Nos.2 and 3 have withdrawn money from his bank account and gave some money to him. There is no role of this petitioner cheating the first informant and others. The petitioner pursuant to the notice under Section 35(3) of BNSS appeared before the Investigating Officer and co-operated for investigation. The fraud has been committed by accused Nos.2 and 3. Since, the petitioner is in judicial custody from 20.08.2025, he is not required for custodial interrogation. With these, he prayed to allow the petition and grant bail to the petitioner –accused No.1 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the - 4 - HC-KAR NC: 2025:KHC:41473 CRL.P No. 13855 of 2025 petitioner is the resident of Tamil Nadu and other accused Nos.2 and 3, who are also involved in commission of the alleged offence are resident of Tamil Nadu and they are absconding and they are yet to be secured. The investigation is in-progress. The petitioner, even though appeared before the Investigating Officer has not revealed facts in order to secure accused Nos. 2 and 3. The petitioner is involved in cyber crime, if he is released on bail there are chances of hampering the investigation, tampering the prosecution witnesses and committing similar offences. With these, she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. On the basis of first information filed by one Smt. Veena B., a case came to be registered against unknown in Crime No.169/2024 of Tumakuru CEN Crime - 5 - HC-KAR NC: 2025:KHC:41473 CRL.P No. 13855 of 2025 Police Station for aforesaid offences. During investigation, the petitioner came to be arrested and he is in judicial custody. The bank account of the petitioner has been used to cheat the first informant and others. The amount credited to the bank account of the petitioner has been withdrawn. The said amount has stated to be withdrawn by accused Nos.2 and 3 by giving some amount to the petitioner. The petitioner has not revealed the details of accused Nos. 2 and 3, who stated to have main role in cheating first informant and others. Accused Nos.2 and 3 are yet to be secured. If the petitioner is granted bail, he may cause hurdle in securing accused Nos. 2 and 3 and in further investigation. The investigation is in-progress. Therefore, at this stage the petitioner is not entitled for grant of bail. In the result the petition is dismissed. - 6 - HC-KAR NC: 2025:KHC:41473 CRL.P No. 13855 of 2025 The petitioner is at liberty to make bail application before the Sessions Court after filing of final report. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 9