- 1 - HC-KAR NC: 2025:KHC:38805 CRL.P No. 12736 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12736 OF 2025 BETWEEN: SRI. ALLA BAKASH @ YUSAF KHAN S/O. MOHAMMED ISMAIL, AGED ABOUT 32 YEARS, RESIDING AT NO.36/1, 2ND FLOOR, 1ST CROSS, MASJID STREET, ANEPALYA, BENGALURU CITY -570047. …PETITIONER (BY SRI. SHIVANANDA REDDY R V., ADVOCATE) AND: 1. STATE OF KARNATAKA WHITEFIELD CEN POLICE, BENGALURU. REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR BEEDI, BENGALURU-560 001. 2. MR. SRINADH ALLAM, S/O. SUBBAIAH ALLAM, AGED ABOUT 47 YEARS, R/AT. NO.2, THE PRESERVE APARTMENT, 5TH CROSS, VINAYAKA LAYOUT, BELTHUR, BENGALURU-560067 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR 1; NOTICE TO R2 IS DEFERRED VIDE ORDER DATED 15.09.2025) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38805 CRL.P No. 12736 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT AGAINST THE PETITIONER IN CRIME NO.319/2025 WHITEFIELD CEN POLICE, BENGALURU PENDING ON THE FILE OF THE 47TH ACJM, FOR THE OFFENCE P/U/S 66-D OF INFORMATION TECHNOLOGY ACT AND 318(4), 319(2) OF BNS 2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition is filed seeking quashing of the proceedings in Crime No.319/2025 registered by the Whitefield CEN Police for the offences punishable under Section 66-D of the Information Technology Act, 2000 and under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023, which are now pending before the Court of the 47th Additional Chief Metropolitan Magistrate, Bengaluru. 2. The primary contention advanced on behalf of the petitioner is that his name does not figure in the complaint lodged by the informant and that there are no incriminating materials on record which would justify his - 3 - HC-KAR NC: 2025:KHC:38805 CRL.P No. 12736 of 2025 arraignment as accused No.1 in the present case. It is urged that the petitioner is completely innocent of the alleged offences and has been falsely implicated without any foundational material. It is further submitted that the remand application filed before the jurisdictional Magistrate was wholly unsustainable, as it was not supported by any prima facie evidence connecting the petitioner to the commission of the alleged crime. 3. It is further contended by the learned counsel for the petitioner that the petitioner is not the beneficiary of the alleged transactions. Even as per the complainant’s own version, the amounts in question were admittedly credited to the accounts standing in the name of Jay Kumar Verma and R.S. Jewelers. On the strength of these crucial documents, it is urged that there is absolutely no material to justify the inclusion of the petitioner as an accused in the present proceedings. - 4 - HC-KAR NC: 2025:KHC:38805 CRL.P No. 12736 of 2025 4. Per contra, the learned High Court Government Pleader submits that the alleged transactions form part of a larger modus operandi where innocent persons are lured and defrauded, and monies are systematically siphoned off through fictitious means. It is his submission that the role of each of the persons involved, including the petitioner, has to be ascertained only after the investigation is taken to its logical conclusion. He contends that premature interference at this stage would seriously hamper the ongoing investigation. 5. This Court, upon perusal of the material now placed on record by the petitioner, is of the opinion that, though the amounts have admittedly not been credited into the petitioner’s account, the matter is still at the stage of investigation and it would be inappropriate for this Court to quash the proceedings at this juncture. At the same time, this Court finds merit in the contention that the petitioner ought not to be subjected to coercive action - 5 - HC-KAR NC: 2025:KHC:38805 CRL.P No. 12736 of 2025 in the absence of any direct material implicating him at this stage. 6. Accordingly, while permitting the Investigating Officer to proceed with the investigation in accordance with law and to bring the same to its logical end, it is directed that no coercive steps shall be taken against the petitioner during the pendency of the investigation. Needless to observe, the petitioner shall extend his fullest co-operation to the Investigating Officer in the matter of investigation and shall make himself available whenever required. With the above observations and directions, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 28