- 1 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101541 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SRI. SHRINIVAS VEERBHADRARAO PASUMARTI AGED ABOUT 55 YEEARS, S/O. VEERBHADRARAO RAO, RESIDING AT NO. J/501, ORCHID, GODREJ GARDEN CITY, JAGATPURA, GOTA AHMEDABAD CITY. …PETITIONER (BY SRI. SAMEER SHARMA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH BELAGVI CEN CRIME, POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD, DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER HEREIN AND DIRECT THE RESPONDENT NO.1 TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C) AND 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2008, AS WELL AS UNDER SECTIONS 406, 419, 420 OF IPC, 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Sameer Sharma, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “To grant anticipatory bail to the petitioner herein and direct the respondent No.1 to enlarge the petitioner on bail in the event of his arrest for the offences punishable under Sections 66(C) and 66(D) of the Information Technology Act, 2008, as well as under Sections 406, 419, 420 of IPC, 1860.” 3. Petitioner is apprehending the arrest in respect of Crime No.42/2024 dated 17.07.2024 registered by Belagavi CEN Crime Police Station for the offences punishable under Sections 406, 419, 420 of Indian Penal Code, 1860 and under Sections 66(C) and 66(D) of Information Technology Act, 2020. - 3 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 4. Gist of the complaint averments would reveal that complainant by name Vijayendra Bhimrao Billur has an account in Axis Bank, Athani and he had joined a WhatsApp group viz., Jefferies Wealth Multiplication Centre-200. Apparently, he has been lured with the offers therein with high returns of money. Therefore, he started transferring the money from his account to the account number mentioned in the said WhatsApp group. 5. When he tried to withdraw the money that was transferred on to his account as profit, it seems he has been directed to invest some more money so as to facilitate him to withdraw the money in his account as profit. 6. When he is unable to withdraw any amount and there were repeated instructions to deposit some more money, he realized that it is a fraud and lodged the complaint for taking action. - 4 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 7. FIR came to be registered against unknown person. Later on a notice said to have been issued to the petitioner by the Investigation Agency on 25.01.2025 and there is no response to the said notice. 8. The request made by the petitioner to grant anticipatory bail was turned down by the learned District Judge and thereafter, the petitioner is before this Court. 9. Sri Sameer Sharma, learned counsel for petitioner reiterating the grounds urged in the revision petition, vehemently contended that the allegations levelled against the petitioner is incorrect and notice issued by the Investigation Agency is not served on the petitioner. Therefore, he could not join the investigation. It is further argued that in fact, he is also a victim like complainant in the case and he has already approached the jurisdictional Court at Ahmedabad seeking action against the fraudsters and therefore, sought for grant of anticipatory bail. - 5 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 10. He would also contend that he is prepared to join the investigation and cooperate with the Investigation Agency so as to unearth the truth in the allegations made against the fraudsters and lend his helping hand in furnishing such necessary information so as to bring the culprits to the Court of law and sought for grant of anticipatory bail. 11. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the grant of anticipatory bail by filing detailed written objections and contended that in fact, the present petitioner is also a beneficiary of the fraud committed by the other fraudsters. Therefore, he should be treated as an accused who has conspired with the other fraudsters in the incident and therefore, he is not entitled for grant of anticipatory bail. 12. To substantiate the objection statement, statement of account collected by the Investigation Agency is annexed along with the objection statement. - 6 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 13. Learned High Court Government Pleader High Court would also contend that a sum of Rs.5,00,000/- has been transferred onto the account of Sun Stars by the complainant on 13.06.2024 and in fact, the petitioner has received a sum of Rs.5,00,000/- from Sun Stars on 12.06.2024 whereby one can make out that the amount collected by the Sun Stars is being transferred onto the petitioner which is in turn has been paid to the others who have been requested to join the WhatsApp Group so as to commit further fraud and therefore, sought for rejection of the anticipatory bail request. 14. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 15. On such perusal of the material on record, it is crystal clear that fraud has taken place by the Whats App Group viz., Jefferies Wealth Multiplication Centre-200. Whether at all petitioner is also actively involved in committing the fraud or not as a conspirator cannot be - 7 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 decided by this Court at this stage. It is for the Investigation Agency to collect such necessary information after custodial integration of the petitioner. 16. Material on record would reveal that petitioner has not responded to the notice issued by the Investigation Agency. Petitioner claims that he did not receive the notice. 17. Be it what it may. Petitioner is now prepared to join the investigation and undergo limited period of custodial interrogation. 18. Therefore, without expressing further opinion on the merits of the matter as the investigation is still in the inception stage, if the petitioner is directed to join the investigation and undergo limited period of custodial interrogation, ends of justice would be met. Further, Investigation Agency would also get benefited by such a course of action. 19. Accordingly, the following order is passed. - 8 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 ORDER (i) The criminal petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigating Officer on 06.05.2025 at 10.00 a.m. (iii) The Investigating Officer is at liberty to take the petitioner to custody and complete the custodial interrogation, if any, on the same day before 7.00 p.m. and thereafter enlarge the petitioner on bail by taking a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer. (iv) Out of the two sureties, one must be a local surety and the other one is cash surety. (v) Petitioner shall cooperate with the Investigation Agency in all respects by providing necessary e-mail ID, password, account details etc. (vi) Petitioner shall co-operate with the Investigating Agency even after he is enlarged on bail by marking his attendance before the Investigating Officer on every - 9 - NC: 2025:KHC-D:6921 CRL.P No. 101541 of 2025 third Sunday between 10.00 am and 2.00 pm., till the final report is filed. (vii) Petitioner shall not indulge in the similar activities. (viii) Petitioner shall not tamper the prosecution evidence in any manner nor destroy the evidence which are available in the electronic forum, in the bank accounts, emails etc. (ix) Petitioner shall attend the Court regularly. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 5