- 1 - HC-KAR CNR: KAHC010482772026 NC: 2026:KHC:48039 CRL.P No. 10389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10389 OF 2026 (438(Cr.PC) / 482(BNSS)-) BETWEEN: 1. MR MOHAMMED SALEEM YUSUF S/O JAVID BASHA, AGED ABOUT 36 YEARS RESIDING AT NO.5/9, INDIRA COLONY, EAST LAST STREET, ANNANAGAR, MELAKADAI, MADURAI 625 020. …PETITIONER (BY SRI. K. GOVINDARAJ FOR SRI P.NEHRU, ADVOCATE) AND: 1. STATE BY UDUPI CEN CRIME P.S UDUPI DISTRICT, UDUPI REPRESENTED BY HCGP, HIGH COURT COMPLEX, BENGALURU 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP.) THIS CRL.P. IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010482772026 NC: 2026:KHC:48039 CRL.P No. 10389 of 2026 GRANT HIM ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.9/2026 OF UDUPI CEN CRIME P.S FOR THE ALLEGED OFFENCES P/U/S 66(c), 66(d) OF IT ACT AND 318(4) AND 308(6) OF BNS PENDING ON THE FILE OF THE LD II ADDL.SR.CIVIL JUDGE AND ACJM UDUPI BY IMPOSING SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime no.9/2026 registered by Udupi CEN Crime Police Station, Udupi, for the offences punishable under Sections 318(4), 308(6) of Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) and Sections 66C and 66D of Information Technology Act, 2000, is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010482772026 NC: 2026:KHC:48039 CRL.P No. 10389 of 2026 3. FIR in Crime No.9/2026 was registered by Udupi CEN Crime Police Station, for the aforesaid offences against unknown person, based on the information received from Sri. K.Raghavendra Rao S/o. K.Vishwanath Rao. It appears that during the course of investigation of the said case, enquiry notice dated 27.04.2026 was issued to the petitioner since it was found that he was the direct beneficiary of the alleged fraud. Apprehending arrest in the case, petitioner had approached the jurisdictional Sessions Court at Udupi, in Crl.Misc.No.240/2026, which was rejected on 24.06.2026, and therefore, is before this Court. 4. In the first information dated 27.01.2026 submitted by Sri K.Raghavendra Rao, he has stated that on 11.01.2026 he had received a phone call on his mobile phone and the caller informed him that he was from the Telephone Regulatory Authority of India and the first informant's mobile phone number was connected to the criminal case that was registered at Colaba Police Station, Mumbai in Maharashtra State. The caller thereafter informed the first informant that he would be transferring the call to Colaba Police Station and thereafter, - 4 - HC-KAR CNR: KAHC010482772026 NC: 2026:KHC:48039 CRL.P No. 10389 of 2026 another person, who represented that he was a Police Officer of Colaba Police Station allegedly informed the first informant that he was involved in a case registered in Colaba Police Station for a fraud committed to the tune of Rs.4.90 Crores. He also allegedly informed the first informant that the High Court had ordered for a Special Investigation Team (for short, 'SIT') and he was one of the Officer of the SIT. Thereafter, a person representing himself to be an Officer of the Enforcement Directorate also spoke to the first informant and threatened of dire consequences. It is, under the circumstances, petitioner and his wife transferred totally a sum of Rs.40,00,000/- to the Bank account, as directed by the aforesaid persons for the period from 16.01.2026 to 23.01.2026. Subsequently, first informant learnt that he was duped, and therefore, he had approached the police. 5. During the course of investigation, it was found that the aforesaid amount of Rs.40,00,000/- was transferred to the Bank account of the petitioner and it is, under these circumstances, enquiry notice was issued. - 5 - HC-KAR CNR: KAHC010482772026 NC: 2026:KHC:48039 CRL.P No. 10389 of 2026 6. The learned HCGP, on instructions, submits that the amount deposited to the Bank account of the petitioner on various dates has been withdrawn, and therefore, there is a prima facie case against the petitioner. 7. Learned counsel for the petitioner, however, submits that petitioner was cheated by two of his acquaintances, who had asked him to provide his Bank account particulars to them, since they were not able to operate their bank account for technical reasons. He also submits that after receiving the enquiry notice, he has now filed a complaint against his acquaintances, who had cheated him. 8. Be that as it may, fact remains that amount of Rs.40,00,000/- was transferred directly to the Bank account of the petitioner from the Bank account of the first informant in the present case and said amount was withdrawn as and when the amount was transferred to the said Bank account. Explanation offered by petitioner is not supported by material. Much prior to enquiry notice, his bank account was frozen, but he had complained. Since he is the direct beneficiary, his custodial interrogation becomes necessary. - 6 - HC-KAR CNR: KAHC010482772026 NC: 2026:KHC:48039 CRL.P No. 10389 of 2026 9. Under the circumstances, as rightly contended by the learned HCGP there is a prima facie material which connects the petitioner to the crime, and therefore, his custodial interrogation becomes necessary. Accordingly, I pass the following: ORDER Criminal Petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE HNM List No.: 1 Sl No.: 49