- 1 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.2082 OF 2026 (438(Cr.PC)/482(BNSS)) BETWEEN: RAKESH SHARMA S/O MOHAN LAL SHARMA AGED ABOUT 53 YEARS, R/A CHRUCH KE PICHE WALI GALI, GANDHI NAGAR, ABU ROAD, SIROHI, RAJASTHAN – 307 026. …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY H.S.R LAYOUT P.S REP BY SPP HIGH COURT OF KARNATAKA AMBEDKAR BEEDI, BENGALURU – 560 001. 2. STATE OF KARNATAKA BY CEN SOUTH EAST PS Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 REP BY SPP HIGH COURT OF KARNATAKA AMBEDKAR BEEDI, BENGALURU – 560 001. …RESPONDENTS (BY Smt. PUSHPALATHA B., ADDL. SPP) --- THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY HSR LAYOUT PS IN CRIME.NO.384/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS.66C, 66D, 84B OF THE IT ACT, 2000 AND SECTIONS.61(2), 318(4), 319(2) READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF XXXIX ADDL. CHIEF JUDICIAL MAGISTRATE AT BANGALORE IN C.C.NO. 47763/2025. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 ORAL ORDER 1. The petitioner is arraigned as accused No.30, is before this Court seeking anticipatory bail in C.C.No.47763/2025 pending on the file of the learned XXXIX Additional Chief Judicial Magistrate, Bengaluru, arising out of Crime No.384/2025 registered by the respondent-police for the offences punishable under Sections 66C, 66D, 84B of the Information Technology Act, 2000 and Sections 61(2), 318(4), 319(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, Sri Harishkumar P.M., Police Inspector, lodged a complaint on 07.10.2025 around 01.00 a.m., stating that when he was discharging his duty, he had received an information stating that some unknown persons were running a fake Company, by name, Cybits Solutions Private Limited, situated at Building No.2614, I Sector, 27th Main Road, HSR Layout, Bengaluru. On receiving the said information, the complainant went to the location and found that the said - 4 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 Company was being run by unknown persons. When he enquired the neighbours about that Company, he learnt that the people working in the said Company were cheating innocent people by misrepresenting themselves as an Investigating Agency, extracted personal details and got the amount transferred into the different accounts of the company . Hence, he lodges a suo-motu complaint in Crime No.384 of 2025 for the above-said offences against unknown persons. The respondent – Police conducted investigation. After conducting the investigation, charge sheet was submitted. 3. Heard Sri Rakshith R., learned counsel for the petitioner and Smt. Pushpalatha B., learned Addl. SPP for respondents. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of alleged offences. He has been falsely implicated in this case. The petitioner was working as an employee and there is no nexus between the Company and the alleged incident. He was appointed by CW.22 and CW.24. Other accused, who are similarly - 5 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 placed, have been enlarged on bail. Therefore, the petitioner may be granted anticipatory bail on the ground of parity with suitable conditions and he will abide by the conditions to be imposed by this Court. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, learned Additional SPP for respondents vehemently submitted that the petitioner and others were assisting accused Nos.22 and 24 by way of inducing the innocent customers/foreign nationals to deposit the amount on assuring them that they would get good returns from their respective deposits. This is a scam/online fraud committed by the petitioner and other accused. So, a detailed investigation is required to be carried out. At this stage, it is not appropriate to grant anticipatory bail. Making such submissions, the learned Addl. SPP for the respondents prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the charge sheet. It appears from the record that the present petitioner was working - 6 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 as an employee of the Company namely Cybits Solution Private Limited. Though, it is alleged that he was assisting accused Nos.22 and 24 in making a wrongful gain by way of inducing the innocent foreign nationals, the fact remains that the similarly placed co-accused have been enlarged on bail by the Co-ordinate Bench of this Court. On going through the averments of the charge sheet, the present petitioner is also standing on the same footing as that of other accused who have already been enlarged on bail. Considering the same, it is appropriate to extend the benefit of bail to the petitioner also by way of parity. 7. Hence, I proceed to pass the following:- ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail, in the event of his arrest, in C.C.No.47763/2025 pending on the file of the learned XXXIX Additional Chief Judicial Magistrate, Bengaluru, arising - 7 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 out of Crime No.384/2025 registered by the respondent-police for the offences stated supra, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum to the satisfaction of the Investigating Officer. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from the date of receipt of copy of this order, to execute the personal bond and also to furnish surety. (iv) The petitioner shall co-operate with the investigation as and when required. (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 8 - HC-KAR NC: 2026:KHC:21281 CRL.P No. 2082 of 2026 (vi) The petitioner shall surrender his passport, if any, before the respondent – Police. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1