- 1 - HC-KAR NC: 2026:KHC:23359 CRL.P No. 2484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CRIMINAL PETITION NO. 2484 OF 2025 BETWEEN: SRI. SUDIP OJHA OJHA FISHERY, S/O KALLPADA OJHA, AGED ABOUT 30 YEARS, TEGRA, NADIA, WEST BENGAL - 741223. …PETITIONER (BY SMT NIREEKSHA D.J.,AMICUS CURIAE) AND: STATE OF KARNATAKA BY CEN CRIME POLICE STATION, NORTH DIVISION, BENGALURU - 560022. …RESPONDENT (BY SRI.RAJAT SUBRAMANYAM, HCGP) CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ORDER GRANTING ANTICIPATORY BAIL TO THE PETITIONER, CONSEQUENTLY, DIRECT THE RESPONDENT POLICE/STATE OF KARNATAKA BY CEN NORTH CRIME POLICE STATION, BENGALURU TO RELEASE THE PETITIONER ON BAIL IF ARRESTED IN CONNECTION WITH CR.NO.761/2024 IN FIR DATED 08.09.2024 FOR OFFENCES P/U/S 66(C) AND 66(D) OF IT ACT AND SEC. 318(4) OF BNS ACT, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23359 CRL.P No. 2484 of 2025 ORAL ORDER This petition is under Section 438 of the Bharatiya Nyaya Samhita 2023, seeking anticipatory bail in respect of the Crime No.761/2024 for the offences punishable under Section 66(C) and Section 66(D) of Information Technology Act,2000 and Section 318(4) of Bharatiya Nyaya Sanhita, 2023. 2. Since the learned counsel on record was continuously absent, this court has appointed Smt. Nireeksha D. J., learned counsel as amicus curiae to assist the Court. 3. Smt. Nireeksha D.J., the learned counsel as amicus curiae, argued that, the involvement of the petitioner in Crime No. 761/2024 is doubtful and the petitioner is a permanent resident of State of West Bengal and he is having a family. It is also argued by the learned counsel as amicus curiae, for the petitioner that, the FIR filed against the petitioner belatedly to the Registration of the complaint. It is also argued by learned counsel as Amicus curiae that, as the involvement of the petitioner in commission of the alleged offence in Crime No. 761/2024 is not forthcoming, the aforementioned proceedings - 3 - HC-KAR NC: 2026:KHC:23359 CRL.P No. 2484 of 2025 has been initiated erroneously and accordingly sought for grant of anticipatory bail. 4. Per contra, learned High Court Government Pleader, appearing for the respondent-State, pointed out that already there are 14 cases lodged against the petitioner that are pending consideration and therefore the petitioner being a habitual offender as per the Cyber Police Portal, at this stage, he cannot be granted anticipatory bail and therefore sought for dismissal of the petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, though the learned amicus curiae argued for granting anticipatory bail on the ground that the petitioner is not involved in the alleged crime in Crime No.761/2024, pending on the file of the North CEN Crime Police Station and also argued that the petitioner is a proprietor of Ojha Fisheries and is having a business since 2024, however looking into the antecedents of the petitioner, as already there are 14 cases registered across India with respect to the bank account of the petitioner as per the Cyber Police Portal and the money involved in the crime as per the complaint is to the time - 4 - HC-KAR NC: 2026:KHC:23359 CRL.P No. 2484 of 2025 of Rs. 87,53,552/-, I am of the view that, learned Session Judge has rightly dismissed the petition by Order dated 29.10.2024 and that apart on careful consideration of the entire papers, I am of the opinion that, as there are 14 cases pending against the petitioner with respect to the bank account of the petitioner, the petition cannot be accepted and accordingly petition is dismissed. 6. This Court placed on record the assistance rendered by Smt. Nireeksha D. J. as an amicus curiae in the matter, and Accordingly, the Legal Services Authority is directed to pay the legal fee of Rs.10,000/- to the amicus curiae for assisting the Court. 7. Copy of the same is to be made available to the Karnataka Legal Services Authority for payment of the legal fee to Smt. Nireeksha D. J. as an amicus curiae SD/- (E.S.INDIRESH) JUDGE HR List No.: 1 Sl No.: 1