Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 23391 (KAR)

SRI ABDUL RASHEED v. STATE OF KARNATAKA

CRL.P/6654/2026 · 2026-06-24

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31578 CRL.P No. 6654 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6654 OF 2026 BETWEEN: SRI ABDUL RASHEED AGED ABOUT 48 YEARS GENERAL SECRETARY DARUL-ULOOM RASHEEDIYA WELFARE CHARITABLE TRUST DOOR NO.1, 14TH CROSS MUNESHWARA NAGAR SHAMPURA MAIN ROAD OPP. DR. AMBEDKAR MEDICAL COLLEGE HOSPITAL, KAVAL BYRASANDRA, R.T. NAGAR POST BENGALURU - 560 032. …PETITIONER (BY SRI MARUTHEESH K, ADV., FOR SMT. TABASSUM N.J, ADV.) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER SOUTH CEN CRIME POLICE STATION BENGALURU CITY. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND SET ASIDE THE IMPUGNED ORDER DATED 17.04.2026 PASSED BY THE LXIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL.MISC NO.3077/2026 C/W CRL.MISC NO.3078/2026. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31578 CRL.P No. 6654 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner, who is apprehending arrest in Crime No.703/2025 registered by South CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 318(4) and 319(2) of BNS, 2023 and Section 66(D) of the Information Technology Act, 2008, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.703/2025 was registered by South CEN Crime Police Station, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated 06.12.2025 received from Karthik Mani, S/o K. V. Subramani. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.3077/2026 before the jurisdictional Sessions Court which was rejected on 17.04.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner himself is a victim of the crime and he has already approached - 3 - HC-KAR NC: 2026:KHC:31578 CRL.P No. 6654 of 2026 the police and based on his first information, FIR has been registered. He also submits that petitioner had approached this Court in W.P.No.3934/2026 seeking necessary directions to the police to investigate and also to permit him to operate his bank account which was seized by the police during investigation. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP submits that multiple transactions had taken place within a short period in the bank account of the petitioner and investigation has revealed that there are multiple complaints across different states relating to the bank account of the petitioner. It is under these circumstances, notice has been issued to the petitioner for the purpose of enquiry. Accordingly, she prays to dismiss the petition. 6. Petitioner is said to be a Trustee of the Charitable Trust known as 'Darul-Uloom Rasheediya Welfare and Charitable Trust'. First information in the present case, which has resulted in registering FIR in Crime No.703/2025 was submitted on - 4 - HC-KAR NC: 2026:KHC:31578 CRL.P No. 6654 of 2026 06.12.2025 by Kartik Mani, wherein it was alleged that some strangers had induced him to join a WhatsApp group known as "108 Unity Club". In the said WhatsApp group, instructions were being given for investment in stock market. Accordingly, he had invested a sum of Rs.28,00,000/- in the stock market and subsequently, he came to know that he was cheated. It is under these circumstances, he has approached the police on 06.12.2025. 7. The material on record would go to show that on 08.12.2025, petitioner has given a complaint to his banker about the suspicious transactions that had occurred in his bank account and also had requested to freeze the bank account. Subsequently, he also had approached this Court in WP No.3934/2026 with a prayer to direct the police to investigate the first information submitted by him alleging cyber crime and also to permit him to operate his bank. The order passed in WP No.3934/2026 disposed off on 27.02.2026 would go to show that two separate cases were registered by South CEN Crime Police Station in Crime No.686/2025 and in Crime No.89/2026 based on the information submitted by the petitioner. It is not - 5 - HC-KAR NC: 2026:KHC:31578 CRL.P No. 6654 of 2026 in dispute that petitioner has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. The maximum punishment for the alleged offences is imprisonment for a period of seven years and the said offences are triable by the Court of Magistrate. Under the circumstances, I am of the opinion that reserving liberty to the Investigation Officer to file necessary application before the concerned Court seeking custody of the petitioner in the event it becomes necessary, if the petitioner is granted anticipatory bail, the same would serve the ends of justice. Accordingly, the following order:- 8. 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.703/2025 registered by South CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 318(4) and 319(2) of BNS, 2023 and Section 66(D) of the Information Technology Act, 2008, subject to the following conditions: a) Petitioner shall appear before the Investigation Officer of the present case on 06.07.2026 at - 6 - HC-KAR NC: 2026:KHC:31578 CRL.P No. 6654 of 2026 10.30 a.m. and on the said date, the Investigation Officer is at liberty to take him into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer; b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; c) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon; d) Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/ List No.: 1 Sl No.: 66