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2026 DAILYLAW 32419 (KAR)

MR.RAHUL SETHI v. STATE OF KARNATAKA

CRL.P/9660/2026 · 2026-08-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9660 OF 2026 C/W CRIMINAL PETITION NO. 9662 OF 2026 IN CRL.P No. 9660/2026: BETWEEN: 1. MR. RAHUL SETHI S/O LATE AYUN SETHI AGED ABOUT 39 YEARS R/AT 877, FOUR STOREY NEAR POLICE STATION RAJOURI GARDEN, TAGORE GARDEN WEST DELHI, DELHI - 110 027 CURRENTLY RESIDING AT NO.122, CHANDER NAGAR JANKPURI, NEW DELHI - 110 058. INDICATED IN REMAND APPL. AS RAHUL @ TOM. 2. MR. AKSHAY KALRA S/O. SH ANIL KALRA AGED ABOUT 41 YEARS E A-166, TAGORE GARDEN WEST DELHI, DELHI - 110 027. CURRENTLY RESIDING AT BA-243 TAGORE GARDEN, NEW DELHI - 110 027 INDICATED IN REMAND APPL. AS AKSHAY @ MAX …PETITIONERS (BY SRI SANDESH J COUTA, SR. ADV., FOR SRI AMAR ALEXANDER CORREA, ADV.) AND: STATE OF KARNATAKA BY SOUTH EAST CEN CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 POLICE STATION BENGALURU - 560 064 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THAT THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOs.3 AND 4 BE RELEASED ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.130/2026 REGISTERED BY THE RESPONDENT IN SOUTH EAST CEN CRIME P.S., PENDING BEFORE THE 47th ACJM, BENGALURU, FOR THE OFFENCES P/U/S 66(C) AND 66(D) OF I.T ACT, 2000, U/S 318(4) AND 319(2) OF BNS, 2023. IN CRL.P NO. 9662/2026: BETWEEN: 1. MR. DEEPU RAJENDRA RAI S/O SH. RAJENDRA RAI AGED ABOUT 24 YEARS R/AT 02, RAMU NAGAR, (BHIWANDI) THANE, MAHARASHTRA - 421 302. CURRENTLY RESIDING AT BHADWAD GAON, ROOM NO.14 DOODH GANGA BUILDING BHIWANDI, THANE MAHARASHTRA - 421 302. 2. SMT. SAVITA DEVI W/O. JITENDRA SHARMA AGED ABOUT 42 YEARS R/AT TEGHRA HAWELI KHARAGPUR VTC, TEGHRA MUNGER, BIHAR - 811 213. ...PETITIONERS (BY SRI SANDESH J COUTA, SR. ADV., FOR SRI AMAR ALEXANDER CORREA, ADV.) - 3 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 AND: STATE OF KARNATAKA BY SOUTH EAST CEN CRIME POLICE STATION, BENGALURU - 560 064 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOs.6 AND 7 IN THE EVENT OF THEIR ARREST IN CR.NO.130/2026 REGISTERED BY SOUTH EAST CEN CRIME P.S., PENDING BEFORE THE 47th ACJM, BENGALURU, FOR THE OFFENCES P/U/S 66(C) AND 66(D) OF I.T ACT, 2000, U/S 318(4) AND 319(2) OF BNS, 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.3, 4, 6 and 7 in Crime No.130/2026 registered by South East CEN Crime Police Station, Benglauru, for the offences punishable under Sections 318(4) and 319(2) of BNS, 2023 and Sections 66(C) and 66(D) of the Information Technology Act, 2000, are before this Court in these two - 4 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.130/2026 was registered by South East CEN Crime Police Station, Bengaluru, for the aforesaid offences against unknown persons based on the first information dated 15.05.2026 received from Praveena, police officer attached to South East CEN Crime Police Station, Bengaluru. In the said case, apprehending arrest, petitioners had filed Crl.Misc.No.5890/2026 and Crl.Misc.No.5827/2026 before the jurisdictional Sessions Court, which were rejected on 01.06.2026. Therefore, they are before this Court. 4. Learned Senior counsel for the petitioners submits that FIR in the present case has been registered based on the credible information said to have been received from the first informant, who is a police officer. Till date the particulars of the alleged victims is not forthcoming. Accused Nos.1 and 2, who were arrested in the present case are enlarged on bail by the Trial Court. Petitioners, who do not have any criminal - 5 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 antecedents are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions. 5. Per contra, learned Addl. SPP submits that the victims are all citizens of United States of America and their statements are yet to be recorded. Investigation of the case is under progress. Accordingly, she prays to dismiss the petitions. 6. FIR in the present case is registered against unknown persons for the aforesaid offences based on the credible information allegedly said to have been received by the first informant, who is a police officer attached to South East CEN Crime Police Station, Bengaluru to the effect that some persons, who were running a company known as Reckoning Services Private Limited, were cheating the public and were illegally earning money. During the course of investigation, accused Nos.1 and 2 were arrested in the present case and the remand application of the said accused would go to show that on instructions from accused Nos.3 and 4, they were illegally using a software known as "QuickBooks" owned by "Intuit" - 6 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 company and as a result, customers in United States of America have suffered loss to the tune of crores of rupees. Accused Nos.1 and 2, who were arrested on 19.05.2026 are granted regular bail by the Trial Court subsequently on 01.06.2026. 7. Till date, the particulars of the alleged victims is not forthcoming in the records. Submission is made by learned Addl. SPP that all the alleged victims are in United States of America and their statements are yet to be recorded. However, the fact remains that as on this date, no complaint has been received from anybody and FIR was registered only based on credible information and the source of such information is also not forthcoming. Petitioners undisputedly do not have any criminal antecedents and they have undertaken to co-operate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Under the circumstances, the following order:- - 7 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 8. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.130/2026 registered by South East CEN Crime Police Station, Benglauru, for the offences punishable under Sections 318(4) and 319(2) of BNS, 2023 and Sections 66(C) and 66(D) of the Information Technology Act, 2000, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. - 8 - HC-KAR CNR: KAHC010455492026 NC: 2026:KHC:42133 CRL.P No. 9660 of 2026 C/W CRL.P No. 9662 of 2026 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 44