- 1 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101370 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: NAVEENA S/O. NARAYANA POOJARI, AGE: 22 YEARS, OCC. PRIVATE WORK, R/O. #20-2, KADAMBU HOUSE, VTC KALAMANJA, PO. KALMANJA-574228, SUB-DIST. BELTHAGADY, DIST. DAKSHIN KANNADA. …PETITIONER (BY SRI CHETAN MUNNOLI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH CEN CRIME P.S., HUBBALLI-DHARWAD CITY, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C., SEEKING TO PASS AN ORDER TO ENLARGING THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO. 110/2024 REGISTERED WITH CEN CRIME P.S., HUBBALLI-DHARWAD CITY, FOR THE OFFENCES P/U/SEC. 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2008 AND SECTIONS 419 AND 420 OF IPC, THE PETITIONER/ACCUSED NO.13, IN CASE OF HIS ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 15:54:48 +0530 - 2 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Chetan Munnoli, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Petitioner is accused No.13 with the following prayer: “To pass an order to enlarging the petitioner on anticipatory bail in Crime No. 110/2024 registered with Cen Crime P.S., Hubballi-Dharwad city, for the offences punishable under Swction 66(D) of the Information Technology Act, 2008 and Sections 419 and 420 of IPC, the petitioner/accused No.13, in case of his arrest.” 3. Facts in brief which are utmost necessary for disposal of the revision petition are as under: 3.1. A complaint came to be lodged by Sri.Darshan son of Sri.H.S.Rudrappa with CEN Crime Police Station Hubballi-Dharwad which was registered in Crime No.110/2024 on 16.06.2024. Present petitioner was not named in the FIR. - 3 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 3.2. Gist of the complaint averments would reveal that complainant had viewed an advertisement in instagram and he clicked on the link from his mobile telephone phone and got registered in the said scheme where the profit was intended. Thereafter, he received a message on the wtatsapp. He joined the group which was named as ‘G667 J O Hambro Business School’. Thereafter, he was required to click on another link. Money was transferred from his account to several accounts but he did not get any profit and ultimately, he lost sum of Rs.30,79,437/-. 3.3. The role assigned to the present petitioner is based on the voluntary statement of other accused persons who have been apprehended and present petitioner was used as intermediary to receive One Time Password (OTP) which he was sharing with others for the purpose of withdrawing the money from the accounts. 3.4. Prima facie, petitioner is part of the criminal conspiracy. However, as per the investigation that has - 4 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 been carried out, the role attributable to the present petitioner is only with regard to sharing of the OTP and there is no financial implication as could be seen from the remand application. 3.5. Admittedly, police could not complete the investigation and file the charge sheet even though the incident is almost a year old. 4. The request made by the petitioner to seek for anticipatory bail is rejected by the learned Trial Judge. 5. Thereafter, petitioner is before this Court seeking grant of anticipatory bail. 6. Learned counsel for the petitioner would contend that since there is no financial implication involved insofar as petitioner is concerned as could be seen from the complaint averments as well as the remand application and the voluntary statement given by the co-accused who have been arrested, petitioner is to be granted anticipatory bail. - 5 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 7. Per contra, learned High Court Government Pleader opposes the bail grounds. 8. Having heard the parties in detail, this Court perused the material on meticulously. 9. On such perusal of the material on record, it is no doubt true that there is no financial implication insofar as present petitioner is concerned from the material placed on record as of now. 10. Nevertheless, in the criminal conspiracy, but for the role played by the particular person (conspirator) the whole act would not have taken place. Therefore, merely on the ground that there is no financial implication attributed to the petitioner as of now, would not ipso facto result in innocence of the petitioner is concerned. 11. Admittedly, passwords were shared by others to the mobile number of the petitioner and he in turn passed on the said OTP to other fraudster’s involved in the - 6 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 incident whereby, money from the complainant’s account has been transferred to the fraudster’s account. 12. Be it what it may, at this stage, this Court is not expected to form any opinion on the merits of the matter. 13. Accordingly, directing the petitioner to join the investigation and undergo custodial interrogation for a limited period of time and thereafter, directing the petitioner to be enlarged on bail, would meet the ends of justice. 14. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner is directed to join the investigation by appearing before the Investigation Officer on 19.04.2025 positively at 9.00 a.m. iii. Investigation Officer is at liberty to take the petitioner to custody and complete the - 7 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 custodial interrogation on the very same day before 6.00 p.m. iv. Petitioner shall cooperate with the investigation agency in all respects including furnishing the password of his mobile telephone and other electronic gadgets for the effective investigation. v. Thereafter, petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.2,00,000/- [Rupees Two Lakhs Only] with two sureties for the likesum to the satisfaction of the Investigation Officer. vi. Petitioner shall not directly or indirectly tamper the prosecution witnesses in any manner. vii. Petitioner shall mark his attendance before the Investigation Officer on every third - 8 - NC: 2025:KHC-D:6011 CRL.P No. 101370 of 2025 Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. viii. Petitioner shall attend the Court regularly. ix. Petitioner shall not leave the jurisdiction of Dakshina Kannada or Dharwad District without prior permission. x. Petitioner shall not indulge in similar offences. Violation of any one of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 1 SL NO.: 14