Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.4935 OF 2026
BETWEEN:
MR. SARATH KRISHNAN P M S/O MANIAPPAN AGED ABOUT 28 YEARS RESIDING AT NO.18/1667B, POTTANCHIRA PALLURUTHY S.O ERNAKULAM KERALA-682006
…PETITIONER (BY SMT.LEEMA ROSY D, ADVOCATE FOR SRI.SAMEER S N, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY INSPECTOR OF POLICE CYBER ECONOMIC AND NARCOTICS CRIMES POLICE STATION MANGALURU - 575003
…RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/SEC.438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 66(C), 66(D) OF INFORMATION AND TECHNOLOGY ACT AND SECTIONS 318(4), 3(5) OF BNS, IN CRIME NO.122/2024 AND SUBMITTED TO VII JMFC COURT MANGALURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER The petitioner, who is apprehending arrest in Crime No.122/2024 registered by the CEN Crime Police Station, Mangaluru City, Mangalore COP for the offences punishable under Sections 66(C) and 66(D) of the Information Technology Act, 2008 and Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned Additional Special Public Prosecutor appearing on behalf of the respondent - State. - 3 -
HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
3. FIR in Crime No.122/2024 was registered by CEN Crime Police Station, Mangaluru City, Mangalore for the aforesaid offences against unknown persons based on the first information dated 18.10.2024 received from Sainath Govind Savanth. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.104/2026 before the jurisdictional Sessions Court at Mangaluru, which was rejected on 16.03.2026. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is employed in a ship and he was traveling for the last more than one year. In support of her argument, she has produced the copy of his passport before the Court. She submits that the petitioner is ready and willing to co-operate with the police for the purpose of investigation. Therefore, she prays to allow the petition. 5. Per-contra, the learned Additional State Public Prosecutor has opposed the petition and submits that,
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HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
though enquiry notice was issued to the petitioner, he has not co-operated for investigation. She further submits that there are materials to show that a portion of the money was transferred to the bank account of the petitioner. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons based on the first information received on 18.10.2024 from Sainath Govind Savanth, who alleged that at the instance of some strangers, he had invested money in on-line securities trading. The said persons had assured him to give good returns on his investment, however, they subsequently failed to repay the invested amount and therefore, he had approached the police and lodged the complaint. 7.
The documents produced by the learned counsel for the petitioner would prima-facie reveal that for the past one year, the petitioner was travelling to various countries. The alleged offences are triable by the Court of
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HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
Magistrate and the maximum punishment for the said offences is imprisonment for a period of 7 years. Though FIR was registered in the present case in the month of October, 2024, till date there is no much progress in the investigation. Under these circumstances, I am of the opinion that if the petitioner is granted anticipatory bail subject to appropriate conditions with liberty to the Investigating Agency to file necessary application before the jurisdictional Court seeking his custody in the event it becomes necessary, the same would serve the ends of justice. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:-
ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.122/2024 registered by
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HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
the CEN Crime Police Station, Mangaluru City, Dakshina Kannada District for the offences punishable under Sections 66(C) and 66(D) of the Information Technology Act, 2008 and Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:-
1. The Petitioner shall appear before the Investigating Officer in the present case at 10.30 a.m. on 06.07.2026. On the said day, the Investigating Officer is at liberty to take the petitioner into custody for the purpose of investigation. However, it is made clear that the petitioner shall be released on the very same day on or before at 6.00 p.m., subject to he executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
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HC-KAR NC: 2026:KHC:30260 CRL.P No. 4935 of 2026
3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. Petitioner shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NBM List No.: 1 Sl No.: 51