Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:52661 CRL.P No. 15559 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15559 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
SRI BARUNENDRA S/O RANJEET CHOUDHARY AGED ABOUT 31 YEARS R/O SIKTA, SIDDHARTHNAGAR UTTAR PRADESH - 272 153.
2.
SRI GAURAV CHAUDHARY S/O RAM ROOP CHOUDHARY AGED ABOUT 35 YEARS R/O THAKUR DWARA, POST MEHDAWAL SANT KABIR NAGAR UTTAR PRADESH - 272 271. …PETITIONERS
(BY SRI BHARATH KUMAR V, ADVOCATE)
AND:
1.
STATE OF KARNATAKA THROUGH CEN CRIME POLICE STATION DAVENGERE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DR. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:52661 CRL.P No. 15559 of 2025
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS HEREIN ON BAIL IN THE EVENT OF THEIR ARREST IN RELATION TO FIR BEARING No.99/2025 REGISTERED WITH THE RESPONDENT DAVANAGERE CEN CRIME P.S., WHEREIN THE PETITIONERS HEREIN ARRAIGNED AS ACCUSED Nos.1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C), 66(D) OF INFORMATION TECHNOLOGY ACT, 2000, R/W SECTION 3, 318(3),319(2) OF BNS.
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 is filed by accused Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.99/2025 of CEN Crime Police Station, Davanagare, registered for offences under Section 66(C), 66(D) of Information Technology Act, read with Section 3, 318(3) and 319(2) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that there was transaction between petitioner and the
- 3 -
HC-KAR NC: 2025:KHC:52661 CRL.P No. 15559 of 2025
complainant with regard to supply of study material. The amount sent by the complainant to petitioner No.1/accused No.1 regarding 6 transactions amounting to Rs.2,00,000/- is with regard to the payment of said study material supplied by the petitioners. The complainant was running a coaching institute to which the petitioner No.1 has supplied the study material. The alleged getting medical seat allotted does not pertain to any academic year. The said transactions have been spread over for a period of 3 years. That itself indicate that the allegation made in the complaint regarding getting medical seat for relative of the complainant is false. The petitioners are ready to co-operate with the police in the investigation. With this he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that in the guise of getting medical seat, the petitioners have got transferred Rs.10,64,000/- from the complainant to different bank accounts and Phonepe number given by the petitioners. The petitioners did not get any medical
- 4 -
HC-KAR NC: 2025:KHC:52661 CRL.P No. 15559 of 2025
seat for the complainant's relative and cheated him. The matter is under investigation. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The allegation in the complaint is that the petitioners and another came in contact with the complainant and they promised him to get a medical seat for his relative and got transferred Rs.10,64,000/- to different accounts. The said details of the payments made by the complainant as narrated in the averments of the complainant are spread over for a period of 3 years in 24 dates.
Whether the said payments made by the complainant to different accounts pertains to the petitioners or some other person requires to be ascertained after investigation. The petitioners are ready to co-operate with IO in investigation and abide by the terms and conditions to be imposed by this Court. There
- 5 -
HC-KAR NC: 2025:KHC:52661 CRL.P No. 15559 of 2025
are no criminal antecedents of the petitioners. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. 7. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following:
ORDER
Petition is allowed. The petitioners are ordered to be released on bail, in the event of their arrest, in Crime No.99/2025 of CEN Crime Police Station, Davanagere, subject to following conditions: (i) The petitioners shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each, with one surety for the like-sum to the satisfaction of the IO. (ii) The petitioners shall co-operate with the IO in the investigation and appear before the IO whenever called for.
- 6 -
HC-KAR NC: 2025:KHC:52661 CRL.P No. 15559 of 2025
(iii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 27 Ct.sm