- 1 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 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.104897 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. AIJAZ S/O. GULAMHUSEN KHAN, AGE. 45 YEARS, OCC. BUSINESS, R/O. PLOT NO.492, TV CENTRE, BELAGAVI-590019. …PETITIONER (BY SRI. Z.M. HATTARKI, AND MRS. ARZOO M.MULLA, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH CITY CEN POLICE, BELAGAVI CITY, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT REGULAR BAIL TO THIS PETITIONER/ACCUSED NO.34 IN BELAGAVI CITY CEN POLICE STATION CRIME NO.89/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 319(2), 187, 48, 49 AND 111 OF BNS AND SECTION 66(C), 66(D) AND 75 OF INFORMATION TECHNOLOGY ACT, 2000 AND SECTION 42 OF TELECOMMUNICATION ACT WHICH IS PENDING BEFORE III JMFC COURT BELAGAVI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The present petitioner being arrayed as accused No.44 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 Telecommunications Act, is before this Court seeking for regular bail. Brief facts of the case: 2. The case of the prosecution is that, one L.S.Chingundi, Assistant Sub-Inspector attached to CEN Police Station, Belagavi City has lodged a complaint stating that, one person from North India was talking over phone that they are extending job facility to 9th and 10th Std., failed students. Already, they have given jobs to 20 persons and still they are intending to give jobs to nearly 50 persons. Suspecting his behaviour, that person was followed - 3 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 and it is noticed that in Kumar Hall Apartment, persons from North India were running a Call Centre. They were working during night hours. On enquiry, the said complainant learnt that the persons working in the said Call Centre were misguiding the foreigners and committing offences as stated supra. Based on the said statement, raid was conducted and 33 persons were detained including women employees. 3. The FIR came to be registered against all the persons as stated supra. 4. Heard Sri.Z.M.Hattarki, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 5. The submission of the learned counsel for the petitioner is that, the manner in which the raid has been conducted is contrary to law and also against the existing system under Bharatiya Nagarik Suraksha Sanhita, 2023. It is further submitted that, the persons who have been - 4 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 cheated have not lodged any complaint against the present petitioner suspecting the involvement of commission of the above said offences. In the absence of any such complaint attributing involvement to the petitioner, the initiation and continuation of proceedings for the aforesaid offences would amount to a clear abuse of the process of law. It is submitted that, the petitioner will co-operate with the investigation as and when it is required. It is stated in the complaint that, the petitioner is an employee and his nature of work has not been defined in the complaint. Whether, the petitioner was committing fraud or otherwise is the matter of trial. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner being an employee of the Call Centre was inducing the foreign customers stating that he was working on behalf of the reputed companies and cheating the - 5 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 customers by taking their PIN number and also OTP number and he used to withdraw the money from their bank accounts fraudulently. This is a big scam and the investigation is under progress, at this juncture, if the petitioner is enlarged on bail, there may be chances of absconding and also, there may be chances of committing similar offence. Therefore, it is not appropriate to grant the relief as prayed for in the petition. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the petitioner was working as an employee of the Call Centre allegedly being run by its owner. 8. The complainant being a Police Officer has lodged a complaint stating that the petitioner and others were cheating the foreign customers by taking their bank account - 6 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 details in a fraudulent manner. However, no complaint is received by the persons stated to have been cheated. 9. Having considered the facts and circumstances of the case and also on noticing the overt acts of the petitioner, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is 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 Telecommunications Act, on executing - 7 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall co-operate with the investigation and he has to affix his signature till filing of the charge sheet once in a 15 days on Saturday between 10:00 am and 02:00 pm. (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the - 8 - HC-KAR NC: 2025:KHC-D:17863 CRL.P No. 104897 of 2025 prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 2 Sl No.: 69